The end of Britney Spears' conservatorship was a celebration. After shocking allegations of abuse and misuse of power came to light, her freedom felt long overdue. However, it also sparked discourse on the legalities of conservatorships and their implications for individuals' health. Now, lawmakers are proposing new rights for those under court-ordered guardianships.
A Closer Look at Britney Spears' Conservatorship
Britney Spears became locked into her conservatorship in 2008 when a series of public controversies and meltdowns raised concerns about her mental well-being. Her father, Jamie — who served as co-conservator — was given control over her career, estate and medical decisions, leaving Britney powerless over her life.
An emergency conservatorship gives the conservator authority for up to 60 days, at which time they can file a petition for permanent guardianship. Britney's conservatorship lasted 13 years until November 2021, after she took her father to court to end his jurisdiction, citing emotional, physical and financial abuse.
In a gutting court testimony, Britney accused Jamie of forcing her to go on tour, take medication she didn't want and undergo hospitalization several times. Court documents also showed she was issued an allowance of $2,000 weekly while her father took over $16,000 monthly for his salary, not including the exorbitant payments to the conservatorship's parties.
She also alleged he bugged her phone and set up cameras and audio recorders to monitor her correspondences and life inside her home. Alex Vlasov — who spent nine years working as Spears' security team member while an employee at Black Box — described her life as living in a prison.
Determining if your phone is bugged is not always clear. A static sound or background voices may indicate someone's listening in, while performance issues and delayed shutdown might be other signs.
Regardless, Britney's lawyer, Mathew S. Rosengart, said the unauthorized monitoring and intercepting violated her privacy rights and demonstrated how she was denied civil liberties under the arrangement.
Public Perception and the #FreeBritney Movement
Britney Spears' case resonated with Gen Z and millennials, the latter of whom grew up when her pop career exploded. After years of suspicion over the terms of her conservatorship, fans created a social media advocacy campaign called #FreeBritney. Others started the "Britney’s Gram" podcast, where they analyzed her posts for abuse. The public outcry led to sweeping media coverage over Britney's individual rights.
This isn't surprising, though. Young people are particularly focused on mental health issues and autonomy. According to one study, 29% of young adults reported depression, while 36% reported anxiety. They are also known to strongly oppose human rights violations.
Criticism and Calls for Conservatorship Reform
Ms. Spears' conservatorship sparked a wave of criticism from politicians and organizations, demanding reform for such measures of control. Previous reports indicate that 1.3 million people are under conservatorships in the United States, making it difficult for them to speak up about abuse or fight for their autonomy. Sadly, Spears' situation is not an anomaly.
Lawmakers and Congress have introduced the Guardianship Bill of Rights Act, which allows those under conservatorships to try less restrictive measures first and establishes fair rights — this includes letting them appoint their own advisors.
They've also called for new procedures for effectively selecting guardianship, reviewing cases and ending arrangements.
Possible Legal Changes for Future Conservatorships
Passing legislation like the Guardianship Bill of Rights Act would be life-changing for people in conservatorships. However, there are specific issues legal experts should concentrate on the most.
Increase Scrutiny Over Conservators
Whether you ask the fans or Britney herself, most agree there should have been better scrutiny over her father's role. In actuality, the incapacitated person might be denied legal counsel if an attorney isn't available within 60 days. This often leads to certain mandates being ignored, as well as inadequate supervision and removal of conservators who abuse their power.
Deliver More Rights and a Path Forward for Conservatees
While life after Britney's conservatorship hasn't been perfect, its repeal helped her regain her independence. She's once again in charge of her career, having released a memoir in 2023 and new music with Elton John. She was also allowed to remove her intrauterine device — something she was forced to get during the arrangement to prevent pregnancy.
Ultimately, new conservatorship provisions should deliver a path toward freedom for conservatees, with the ability to set themselves up for success with adequate counseling and care.
Balance Protection With Autonomy and Dignity
Most importantly, there must be a balance between protecting the conservatee and maintaining their dignity and individual rights. California's governor, Gavin Newsom, signed Senate Bill (SB) 43 in 2023, updating the state's conservatorship rules. Several prominent figures praised the changes.
Sacramento Mayor Darrell Steinberg said nobody should accept inhumane or dangerous conditions as the norm for people living with mental illness or substance abuse. Senate Health Committee Chair Senator Susan Eggman also praised SB 43 for upholding a robust due process and extending the criteria for those determined to be "gravely disabled." This will allow individuals who need extensive care to receive it with dignity.
Handle With Care: Changing Conservatorships for the Better
Current conservatorships have too many failures and loopholes, putting the conservatee at risk of harm. Britney Spears' case underscored the need for legal changes to make these arrangements safer and more valuable to individuals needing extra care and support.
