Conservatorship
Britney Spears’ dad will exit conservatorship, but not yet
Britney Spears’ father said in a court filing Thursday that he is planning to step down from the conservatorship that has controlled her life and money for 13 years, but his departure is not imminent.
James Spears filed legal documents saying that while there are no grounds for his removal, he will step down after several lingering issues are resolved. The document gives no timetable for his resignation from his role helping oversee his daughter’s finances.
“Mr. Spears continues to serve dutifully, and he should not be suspended or removed, and certainly not based on false allegations,” the filing said. “Mr. Spears is willing to step down when the time is right, but the transition needs to be orderly and include a resolution of matters pending before the Court.”
Also read: Britney Spears' public support may not mean much in court
Those matters include the next judicial review of the pop singer’s finances, which has been delayed by months of public and legal wrangling over James’ Spears role and the legitimacy of the conservatorship by Britney Spears and, in recent weeks, her new attorney.
The documents say that James Spears has been “the unremitting target of unjustified attacks” but “he does not believe that a public battle with his daughter over his continuing service as her conservator would be in her best interests.”
The filing says James Spears will fight the petition to force him out, but will work with the court and Britney Spears’ attorney Matthew Rosengart on the next phases.
“We are pleased that Mr. Spears and his lawyer have today conceded in a filing that he must be removed,” Rosengart said in a statement. “It is vindication for Britney.”
Spears said he was working on a plan to give up his role from before his daughter hired Rosengart last month.
For most of the existence of the conservatorship, which was established in 2008, James Spears oversaw his daughter’s personal affairs and money. In 2019, he stepped down as the so-called conservator of her person, and maintained control of her finances.
Also read: How conservatorships like Britney Spears’ work
He was nevertheless the target of much of his daughter’s ire in a pair of speeches before the court in June and July, in which she called the conservatorship “abusive.” Spears in her June remarks said she had been required to use an intrauterine device for birth control, take medications against her will and prevented from getting married, having another child or even riding in her boyfriend’s car unsupervised.
“This conservatorship is doing me way more harm than good,” the 39-year-old Spears said at the time. “I deserve to have a life.”
James Spears, 69, was fighting to remain in control in court filings as recently as last week. He said the allegations in his daughter’s testimony are “untested,” need investigation, and involve issues that have long been out of his control.
He suggested that Jodi Montgomery, who took over for him as conservator of Britney Spears’ personal affairs, deserved scrutiny if her allegations were accurate.
Rosengart said that while he welcomed the new move, he will not take the pressure of James Spears, who should not wait to step down.
“We look forward to continuing our vigorous investigation into the conduct of Mr. Spears, and others, over the past 13 years, while he reaped millions of dollars from his daughter’s estate, and I look forward to taking Mr. Spears’s sworn deposition in the near future,” Rosengart’s statement said. “In the interim, rather than making false accusations and taking cheap shots at his own daughter, Mr. Spears should remain silent and step aside immediately.”
Even after James Spears’ departure, the court will maintain the same control over Britney Spears that is has since the conservatorship was put in place in 2008. But he has been a lightning rod for the ire of fans in the #FreeBritney movement, whose voice have become increasingly prominent as they have been embraced by Britney Spears and Rosengart.
And Rosengart has marked James Spears’ departure as a necessary first step before ending the arrangement entirely.
The new filing adamantly defends the work of James Spears and the conservatorship, and pushes back especially against allegations made by Britney Spears’ mother Lynne Spears in a recent declaration.
Also read: Britney Spears tells judge: ‘I want my life back’
“When this Conservatorship was initiated 13 years ago, Britney Jean Spears was in crisis, desperately in need of help. Not only was she suffering mentally and emotionally, she was also being manipulated by predators and in financial distress,” the documents say. “Mr. Spears came to his daughter’s rescue to protect her, and this Court made the determination that the protection provided by a conservatorship was necessary and in Ms. Spears’ best interests.”
The documents say that Lynne Spears was wrong in criticizing the hiring of a psychiatrist that she said James Spears chose for their daughter, and in saying that medications he prescribed were inappropriate.
The doctor was actually chosen by Britney Spears herself, and had the approval of Montgomery, her medical team, and Britney Spears’ previous attorney, the filing says. This same group, including the singer herself, approved of the medication the doctor prescribed, the filing says.
It also criticizes Lynne Spears assuming a role at all, saying she is someone Britney Spears “has avoided speaking with for most of her adult life.”
3 years ago
Britney Spears' public support may not mean much in court
Britney Spears’ powerful plea to a judge to end the conservatorship that has controlled her life since 2008 brought sympathy and outrage from fans, famous supporters and even casual observers who say she deserves independence.
Yet lawyers who deal in such matters say the speech itself may not have helped her in the legal process, which will be long and arduous.
“When Britney spoke, I mean, the world listened. This was amazing,” family law attorney Peter Walzer said. “Now, whether the judge will buy it, whether the judge will let her out of her conservatorship, my bet is no.”
Spears’ passionate, at times emotional address Wednesday to Los Angeles Superior Court Judge Brenda Penny was the first time in 13 years she has spoken in open court on the conservatorship, which she called “abusive” and “stupid.” The conservatorship was put in place as Spears, hounded by paparazzi and media scrutiny while a new mother, underwent a very public mental health crisis in 2008.
READ: Britney Spears' conservatorship sues blogger for defamation
Spears revisited the speech in an Instagram post Thursday, apologizing “for pretending like I’ve been ok the past two years.
“I did it because of my pride and I was embarrassed to share what happened to me,” she said, later adding, “Believe it or not pretending that I’m ok has actually helped.”
In court, Spears said she is forced to keep using an intrauterine device for birth control and take other medications, is prevented her from getting married or having another child, and is not allowed let her have her own money. She condemned her father and the others who control it.
The speech was compelling for the same reasons it may be problematic to the court. She spoke very quickly, often profanely, and could seem out of control as she rattled off injustices and the emotional turmoil they have brought her.
“It just seems to me that her presentation to her court didn’t do herself any favors,” said David Glass, a family law attorney with a doctorate in psychology. “The words came out like bullets. She shifted rapidly between thoughts and ideas. She also admitted to being depressed and crying all the time. I’m not her psychologist, but these are things that potentially point to being in the middle of mental illness.”
Penny did not tip her hand or offer much reaction to the dramatic presentation, other than to say Spears’ speech was “courageous.” It’s unclear how much the judge has heard before, either during Spears’ previous addresses to the court in closed sessions or in the numerous sealed documents filed in the case.
“The court didn’t say ‘I don’t agree with you,’ or ‘I’m concerned for you’ or ‘I’m disappointed these issues were not brought before me previously,’” Glass said.
There is evidence that Penny considers Spears’ opinions in her decisions.
She recently appointed estate-management firm the Bessemer Trust as co-conservator of Spears’ finances, though kept her father James Spears as its co-conservator against her wishes. And Penny has been keeping court hearings like Wednesday’s increasingly public and leaving more documents unsealed since Spears pushed for greater transparency in the case last year.
Short of ending the conservatorship, Penny may alter it to make it more palatable to Spears, and could order an immediate investigation into some of the allegations.
“I’m alarmed if I’m the judge,” said Sarah Wentz, an attorney who specializes in estates and conservatorships. “I’m going to find out ASAP if there are things we need reviewed or corrected, for the court to see if there are not human rights violations.”
There is plenty of room for Penny to make changes that don’t end the conservatorship entirely.
“What they can do is try to put together a plan that meets her goals and wishes in every way possible, so she only has a few things that she needs to check in on,” Wentz said. “It doesn’t have to be an all-in kind of thing.”
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Spears’ court-appointed attorney, Samuel Ingham III, said that despite his client’s pleas to Penny to end the conservatorship, she has yet to even ask him to file a petition to do so. He said before the presentation Wednesday that he made no attempt to “control, or filter, or edit” his client’s words.
That most likely meant that while he felt compelled to pass along Spears’ request to speak, it doesn’t necessarily mean he agreed with her approach.
“This is why lawyers don’t like their clients speaking a lot,” family law attorney Chris Melcher said. “We know what to say and how to say it. Sometimes what the client says can really come back and bite them and end up proving the other side’s case.”
Melcher said a different approach could have proven more effective.
“I think she would be best served by a calm demeanor, acknowledgement of her past problems, and acceptance of the court’s previous decisions,” he said.
That was the approach taken by Ingham in recent filings for Spears that attempted to get her father removed and assert more control. Those documents acknowledged that the conservatorship had done a lot of good in its early days while forcefully arguing for change and saying she reserved the right to end it eventually.
One thing that will certainly not happen is the conservatorship being terminated, as Spears requested, without any further evaluation of her.
A petition to terminate the conservatorship, which Ingham said he may file soon, would be only the beginning of a process that places the burden on Spears to show her competence.
“It’s up to Britney or another interested person to convince the court that it needs to end,” Melcher said. “This is not a voluntary process where she can just walk out the door.”
3 years ago
How conservatorships like Britney Spears’ work
Britney Spears told a judge at a dramatic hearing Wednesday she wants an end to the conservatorship that has controlled her life and money for 13 years.
Here’s a look at how conservatorships operate, what’s unusual about hers, and why she and so many fans want to #FreeBritney.
HOW DO CONSERVATORSHIPS WORK?
When a person is considered to have a severely diminished mental capacity, a court can step in and grant someone the power to make financial decisions and major life choices for them.
California law says a conservatorship, called a guardianship in some states, is justified for a “person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter,” or for someone who is “substantially unable to manage his or her own financial resources or resist fraud or undue influence.”
The conservator, as the appointee put in charge is called, may be a family member, a close friend or a court-appointed professional.
Also read: Britney Spears tells judge: ‘I want my life back’
HOW DOES SPEARS’ WORK?
With a fortune of more than $50 million comes secrecy, and the court closely guards the inner workings of Spears’ conservatorship.
Some aspects have been revealed in documents. The conservatorship has the power to restrict her visitors. It arranges and oversees visits with her sons, ages 14 and 15; father Kevin Federline has full custody. It has the power to take out restraining orders in her name, which it has used more than once to keep away interlopers deemed shady. It has the power to make her medical decisions and her business deals. She said at Wednesday’s hearing that she has been compelled to take drugs against her will, has been kept from having an intrauterine device for birth control removed and has been required to undertake performances when she didn’t want to.
Legally, Spears can get married, but the conservatorship must approve it as with other major life decisions. Spears said Wednesday that she wants to get married and have another child, but has been denied the chance to do either.
Like all California conservatorships, it’s subject to annual accountings and reviews from a court investigator.
WHO HAS POWER OVER SPEARS?
Her father has largely been in charge through the years, and the stereotypical image of a parent preying on a famous child’s fortune fuels the enmity against James Spears and the conservatorship, though his every move is scrutinized by the court.
From 2008 until 2019, he had power over her life choices, and he and attorney Andrew Wallet controlled her money. Now, he has financial control only, and must share that role with the Bessemer Trust, an estate-management firm. Jodi Montgomery, a court-appointed professional, now acts as conservator over her personal matters.
Also read: Attorneys spar over powers held by Britney Spears’ father
WHY ARE SO MANY CALLING TO #FREEBRITNEY?
Fans who dote on Britney Spears’ social media posts and public statements, trying to decipher her every utterance, dance move or shared meme, have increasingly coalesced into a movement after becoming convinced she was being controlled unfairly. Key were two women who in 2017 turned their hobby of picking apart Spears’ Instagram posts into a podcast, “ Britney’s ’Gram.” It would help birth the hashtag #FreeBritney.
Hearings can bring dozens of protesters to the courthouse, carrying signs like “CONSERVATORSHIP IS SLAVERY” and “THIS IS TOXIC.”
James Spears has called the group conspiracy theorists, and says those who shout #FreeBritney don’t understand the totality of the situation.
Fans said after the most recent hearing that they felt vindicated by Britney Spears confirming much of what they have said.
WHY WAS IT IMPOSED IN THE FIRST PLACE?
In 2007 and 2008, shortly after she became a mother, she began to have very public mental struggles, with media outlets obsessed over each moment. Hordes of paparazzi aggressively followed her every time she left her house, and she no longer seemed able to handle it.
She attacked one cameraman’s car with an umbrella. She shaved her head at a salon. She lost custody of her children. When she refused to turn over her boys after a visit, she was hospitalized and put on a psychiatric hold. The conservatorship was put in place within days.
WHY HAS IT GONE ON SO LONG?
A conservatorship can always be dissolved by the court, though it’s rare that a person successfully asks to be released. The burden is on them to prove their competence. Spears told the judge Wednesday that she would like to be released without further evaluation, but there is virtually no chance of that happening.
They can last decades because the circumstances that lead to them, like traumatic brain injury, Alzheimer’s, or dementia, are not things people just bounce back from. The mandatory secrecy of medical records has kept murky the reasons why Britney Spears must remain in hers, but it’s clear that it involves psychiatric issues. A recent filing said that she wasn’t capable of giving consent for medical treatment.
Spears’ father and his attorneys have emphasized that she is especially susceptible to people who seek to take advantage of her money and fame.
Also read: No Britney Spears, no decisions made at closed court hearing
HOW DOES SPEARS FEEL ABOUT ALL OF THIS?
Before Wednesday, it was largely a mystery. But she revealed more in her 20 minute address to the judge than she has in the 13 previous years. She called the conservatorship “abusive” and “stupid.” She said it does “me way more harm than good.”
She said she wanted control of her own money and to do simple everyday things like ride in a car with her boyfriend. She said she wanted power over her psychotherapy. And that she wants her life back. “It’s been 13 years and it’s enough,” she said.
She did acknowledge in a court filing last year that it did have some value when it was first established, saying it “rescued her from a collapse, exploitation by predatory individuals and financial ruin” and made her “able to regain her position as a world class entertainer.”
3 years ago
Britney Spears tells judge: ‘I want my life back’
After 13 years of near silence in the conservatorship that controls her life and money, Britney Spears passionately told a judge Wednesday that she wants to end the “abusive” case that has made her feel demoralized and enslaved.
Speaking in open court for the first time in the case, Spears condemned her father and others who control the conservatorship, which she said has compelled her to use birth control and take other medications against her will, and prevented her from getting married or having another child.
“This conservatorship is doing me way more harm than good,” the 39-year-old Spears said. “I deserve to have a life.”
She spoke fast and sprinkled profanity into the written speech that lasted more than 20 minutes as her parents, fans and journalists listed to an audio livestream. Many of the details Spears revealed have been carefully guarded by the court for years.
Spears told Los Angeles Superior Court Judge Brenda Penny that “I want to end this conservatorship without being evaluated.”
Penny thanked the pop star for her “courageous” words but made no rulings. A long legal process is likely before any decision is made on terminating the conservatorship.
Spears said she wants to marry her boyfriend Sam Asghari and have a baby with him, but she is not allowed to even drive with him.
“All I want is to own my money and for this to end and for my boyfriend to be able to drive me in his (expletive) car,” Spears said.
“I truly believe this conservatorship is abusive,” Spears said, adding at another point, “I want my life back.”
When an attorney representing her co-conservator said the hearing and transcript should be kept sealed if private medical information was to be revealed, Spears shouted her down, saying her words should be public.
“They’ve done a good job at exploiting my life,” Spears said, “so I feel like it should be an open court hearing and they should listen and hear what I have to say.”
She went on to say she was forced to take lithium — which made her feel “drunk” — after rehearsals broke down for a Vegas residency in 2019, which was subsequently canceled.
She said all she had done was disagree with one part of the show’s choreography.
“I’m not here to be anyone’s slave,” Spears said. “I can say no to a dance move.”
“Not only did my family not do a goddamn thing, my dad was all for it,” Spears said.
She accused her father of relishing his power over her, as he showed when she failed a series of psychological tests in 2019 and forced her to go into a mental hospital.
“I cried on the phone for an hour, and he loved every minute of it,” Spears said. ”The control he had over someone as powerful as me, as he loved the control to hurt his own daughter 100,000%.”
Spears said she felt forced to do the Las Vegas residency on the heels of a tour, and felt like a great weight was lifted when it was canceled. She has not performed or recorded since.
Spears also said several nurses often watch her every move, not even letting her change her clothes in private.
Vivian Thoreen, attorney for Spears’ father, James Spears, gave a brief statement on his behalf after conferring with him during a recess.
“He is sorry to see his daughter suffering and in so much pain,” Thoreen said. “Mr. Spears loves his daughter, and misses her very much.”
James Spears serves as co-conservator of his daughter’s finances, and also had control of her life decisions for most of the conservatorship. He currently serves as co-conservator of her finances.
Britney Spears said her years-long public silence has falsely created the impression that she approved of her circumstances.
“I’ve lied and told the whole world, ‘I’m OK, I’m happy,’ ” she said. “I’ve been in denial, I’ve been in shock. I am traumatized.”
More than 100 fans from the so called #FreeBritney movement gathered outside the courthouse before the hearing, holding signs that read “Free Britney now!” and “Get out of Britney’s life!”
Fan Marissa Cooper was inside the courtroom, and cried and occasionally clapped during the remarks.
“It was insane,” Cooper said outside court. “Everyone that’s been following this has been called crazy since the beginning, and conspiracy theorists, so it just feels really really good to actually hear it from her.”
Spears said she has not felt heard in any of her previous appearances before the court, all of which were sealed from the public.
Her court-appointed attorney, Samuel Ingham III, said he made no attempt to “control, or filter, or edit” his client’s words. He said Spears has not officially asked him to file a petition to end the conservatorship.
Spears said she had done research that showed her conservatorship could be ended without further evaluation of her. But under California law, the burden would be on her to prove she is competent to manage her own affairs, and an intensive investigation and evaluation is probably inevitable before it can come to an end.
The conservatorship was put in place as she underwent a mental health crisis in 2008. She has credited its initial establishment with saving her from financial ruin and keeping her a top flight pop star.
Her father and his attorneys have emphasized that she and her fortune, which court records put at more than $50 million, remain vulnerable to fraud and manipulation. Under the law, the burden would be on Spears to prove she is competent before the case could end.
Britney Spears’ ex-boyfriend Justin Timberlake was among many who expressed outrage at her revelations.
“What’s happening to her is just not right,” Timberlake tweeted. “No woman should ever be restricted from making decisions about her own body.”
3 years ago