Is Britney free from Conservatorship?

Our last blog discussed the #FreeBritney movement and the need for court oversight. This blog discusses the progress made since the #FreeBritney documentary which aired earlier this year. Those who have followed the #FreeBritney movement are aware that the purpose was to bring light to the Conservatorship which Britney was subject to.

Britney was originally found to lack financial capacity following a decline in her mental health in 2008. As a result, her father, Jamie Spears applied to the court and obtained authority to act as Britney’s Conservator.

The #FreeBritney movement began in 2009 after the Conservatorship was implemented and has been in and out of headlines since. Our last blog discussed Britney’s wish for her father to be removed entirely. The court appointed a Co-Conservator alongside Jamie Spears to ensure the smooth running of the Conservatorship until the next hearing in March 2021.

So what has happened since March?

At the hearing in March, Jamie Spears agreed he wanted the Conservatorship to end but argued that he had made every decision in Britney’s best interest. In June 2021, Britney made a statement to the Judge which was the first time she was able to voice her view in court. She described the Conservatorship as ‘abusive’. Following her statement, the #FreeBritney movement continued with family, friends and fans speaking out but despite this, Britney’s request to remove her father as Conservator was once again denied. In July, Britney hired a new legal representative who filed a request for a new Conservator to replace Jamie Spears and Britney’s medical team supported the same.

In August 2021, Jamie Spears agreed to step down as Britney’s Conservator and on 28^th of September 2021, he was officially suspended. However, John Zabel who is an accountant appointed by Britney’s legal team will manage her financial affairs under the Conservatorship for the time-being.

Why hasn’t the Conservatorship ended entirely?

Britney and her legal team accused Jamie Spears of abusing his role as Conservator. Mr Zabel will now be able to forensically examine her accounts and financial decisions made during Jamie’s Conservatorship. If evidence of wrongdoing is found, legal action can be taken against Jamie Spears. A court date in November will discuss whether or not the Conservatorship will be terminated.

How would potential abuse of power be dealt with in the UK?

Under a Deputyship which is the UK equivalent to a US Conservatorship, any concerns over abuse of power would be investigated by the Office of the Public Guardian (OPG), who are the supervisory body. Each year, a Deputy, whether lay or professional, must report to the OPG with an ‘annual report’ where accounts, spending, gifting and significant decisions are accounted for. If the OPG are concerned about the contents of the report then they will carry out an investigation. If they remain unsatisfied, they may apply to the Court of Protection to appoint a Deputy in place of the existing Deputy. The newly appointed Deputy may then decide to carry out further investigations and instruct a forensic accountant if necessary to review all accounts and expenditure to ensure that there has been no misappropriation of funds by the removed Deputy. If evidence is found, the Deputy may decide to report their findings to the police or trading standards.

Contact us

If you are concerned that someone you know is being financially abused, or their finances are not being adequately managed under a Deputyship, please get in touch with our Court of Protection team on 0344 3260049 or email info@ramsdens.co.uk to discuss how we can help.