This is such a public and compelling story unfolding at this time. For more precise, detailed information, please refer to the articles cited within this post.
First, let’s get an abbreviated summary of the basics of a conservatorship.
Under the probate division there are two types of Conservatorships:
- A general conservatorship is for adults who cannot take care of themselves or their finances. These are often for elderly people, but also for younger people who have been seriously impaired.
- A limited conservatorship is for adults with developmental disabilities who cannot care for themselves or their finances.
There is another category, Lanterman-Petris-Short (LPS) Conservatorships. This type of conservatorship is for adults with serious mental health illnesses who need special care and usually need restrictive living arrangements and require extensive mental health treatment.
The types of probate conservators are for the person or for the estate, or for both. A conservator of a person cares for and protects the person, making sure the conservatee has proper food, clothing, shelter, and health care. A conservator of the estate handles the conservatee’s financial matters.
The probate conservatorship process involves filing a petition, informing the proposed conservatee, informing the proposed conservatee’s relatives, an investigation by a court investigator, and a hearing. The court investigator has a private interview with the proposed conservatee, explains the conservatorship to the conservatee, reviews the conservatee’s medical records, and several other tasks. Once a conservator is appointed, the court investigator will review the case in 6 months, and again at 12-months after that. The court investigator will provide the court with a review and recommendation. The judge may order additional reviews as necessary. The court investigator plays an ongoing role by providing the court with written reports and recommendations.
A probate conservatorship can be ended if the conservatee becomes able to handle his/her own affairs; doesn’t have any more assets; the conservatee dies; the court removes the conservator, the conservator dies, or the conservator resigns.
[The above information was gathered from: https://www.courts.ca.gov/selfhelp-conservatorship.htm]
A public conservator analyzed Britney Spear’s (Britney) conservatorship and concluded that Britney was under the LPS act when she was put under a 5150 and 5250 hold, but was not and currently is not under an LPS conservatorship. Another fact that has led to a public conservator concluding that Britney is under a probate conservatorship is the judge hearing the matters and the forms that have been leaked. The only judges in Los Angeles County that specifically handle LPS conservatorships are Judge Harrison and Judge Kay. The judge hearing Britney’s matter is Judge Penny. The forms leaked are Judicial Council forms starting with the letters GC. The forms used in LPS conservatorships start with the letters MH. The final fact that leads the public conservator to believe Britney is not under an LPS Conservatorship is that Britney is not gravely disabled and she can properly care for herself, her children, and lives successfully with help from others.
[The above information was gathered from: Britney Spears Conservatorship vs LPS Conservatorship – LPS MENTAL HEALTH CONSERVATORSHIP (California State Association Public Guardians and Public Conservators)]
A timeline of Britney’s journey will provide some interesting information.
Britney has been under conservatorship since 2008, with her father, Jamie Spears, acting as conservator.
- 2007-2008: Britney began acting erratically in public, shaving her head, driving with her infant son in her lap, and attacking a photographer’s car with an umbrella.
- 2008: Britney is put under 5150 holds twice and both times placed in a psychiatric hospital for mental health evaluations.
- 2008: Britney’s father, Jamie Spears, petitions the court for an emergency temporary conservatorship. Petition was granted and Jamie Spears was appointed conservator over Britney (estate and person).
- 2009: #FreeBritney movement started.
- 2009-2019: Conservatorship keeps getting extended. Britney is performing (Las Vegas residency) and releases several albums.
- 2019: Conservator (Jamie Spears, Britney’s father), requests the court extend the conservatorship to other states, namely, Florida, Louisiana, and Hawaii.
- 2019: Jamie Spears (conservator, Britney’s father), is accused of physically abusing Britney’s 14-year-old son, Sean.
- 2019: Amid the accusations of abuse, Jaime Spears steps down as primary conservator. Jodi Montgomery, longtime care manager, temporarily talks over Jamie Spears duties.
- April 2019 – Britney completes a month-long stay in a mental health facility.
- September 2020 – Britney’s lawyers file an opposition to Jamie Spears’ and the conservatorship attorneys working for him petition to the court to keep records sealed and the courtrooms closed to prevent information leaking to the media.
- September 2020 – Britney’s lawyers file a request to replace her father, and appoint Jodi Montgomery, a licensed fiduciary, to take over the conservatorship.
- November 2020 – Britney is denied her request to her father be removed as her conservator. The judge did approve to add a co-conservator to her estate, the Bessemer Trust.
- December 2020 – Britney’s conservatorship is extended to September 2021.
- January 2021 – Britney’s attorney argues that giving Jamie Spears (Britney’s father) more powers and control would be detrimental.
- February 9, 2021: Britney’s boyfriend, Sam Asghari, speaks out on Instagram. Accuses Britney’s father of being controlling.
- February 9, 2021: Britney posts to her Twitter account that she is taking time out.
- February 9, 2021: Britney’s lawyers ask the judge to remove Jamie Spears as conservator.
- March 2021: Jamie Speaker publicly states he wants to end the conservatorship, but Britney needs to file a petition to do so.
- March 2021: Britney request that Jamie Spears be removed as conservator and that Jodi Montgomery is appointed as the permanent conservator. FYI Jodi Montgomery stepped in as temporary conservator in September 2019 when Britney’s dad stepped down due to health issues).
- April 20, 2021: Britney’s mother, Lynne Spears, objects to more than $890,000 in legal fees that were paid to Jamie Spears’ law firm.
- April 27, 2021: Jamie Spears’ court documents indicate Lynne’s objections are without merit.
- April 27, 2021: Britney speaks in court for the first time.
- June 22, 2021: Court documents leaked. Bombshells hit the newsstands that Britney was forced to perform when she had a 104-degree fever.
- June 23, 2021: Britney’s 24-minute statement in court. Britney explains she wants her life back, she’s not able to get married or have a baby, won’t let her take out her IUD to have more children, conservatorship doing more harm than good.
- June 30, 2021: Judge Penny denies the request to remove Jamie Spears as co-conservator of her $60 million estate. Judge Penny denied the request to make Bessemer Trust Company the sole conservator. Britney’s lawyers file documents to investigate the claims Britney made against her father.
- July 6, 2021: Britney’s attorney, Ingham, and her manager, Larry Rudolph, both resign.
- July 14, 2021: Britney hires her own attorney, Mathew Rosengart.
- July 26, 2021: Britney’s attorney files a petition to remove Jamie Spears as conservator of the estate.
- July 30, 2021: Britney’s personal conservator provides a court document that states Britney’s medical team supports the removal of Jamie Spears as conservator of the estate.
- December 13, 2021: Hearing on Britney’s petition to remove Jamie Spears as conservator of the estate.
[The above information was gathered from: Britney Spears’ Conservatorship Timeline, #FreeBritney Explained (womenshealthmag.com) (Women’s Health Magazine, July 15, 2021) and Britney Spears’ Conservatorship Timeline, #FreeBritney Explained (womenshealthmag.com) (Women’s Health Magazine, July 31, 2021)]
As of the writing of this blog post, Britney’s attorney, is aggressively working on preparing and filing a petition to terminate the conservatorship, or at a minimum to permanently remove Jaime Spears as conservator. This is a fluid conservatorship as there are many twists and turns along the way so don’t rely on this as being up to date. If this comes to fruition, then those on Britney’s side include her current attorney, the judge, the conservator (not her father but Jodi Montgomery or another independent conservator), and the court investigator.
Categorized in: General
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