Britney Spears’ father, Jamie Spears wants to continue his conservatorship over his daughter’s property
A recent online story outlines the latest legal developments in the conservatorship that has been in place over the world-famous pop star for longer than a decade. In or about 2007, many stories emerged that alleged Britney may have had a breakdown.
Britney Spears has been under a conservatorship since 2007
As a result of her difficulties at the time, a conservatorship was put in place to protect her finances. According to the story, her father Jamie Spears had another co-conservator until 2019. This is when he resigned and Jamie became her sole conservator. The latest allegations in Court include that Britney is afraid of her father and would prefer to have a financial institution take over.
Britney’s legal team apparently petitioned the Los Angeles Superior Court in 2020 to have her father removed but was denied. Instead, Bessemer Trust, a financial firm was appointed co-conservator with her father. They were ordered to work with Jamie in order to create a budget plan for Britney.
According to the story, Jamie has taken the position that every decision he has made has been in Britney’s best interest. Given that Britney’s 2020 petition failed, it is likely that the Court found no issues with Jamie’s conduct and no reason to have him removed.
Nonetheless, many stories in the media continue to suggest that Britney no longer wants her father as conservator. The Court is presently overseeing the conservatorship. It is likely that this matter will be before the Court again if any issues arise that involve Britney’s assets.
Spears conservatorship is similar to guardianships over property in Ontario.
The Ontario legislation that governs scenarios similar to the Spears conservatorship is the Substitute Decisions Act, 1992, S.O. 1992, c. 30. Specifically, sections 22 to 30 govern the appointment and termination of guardians of property by the Court. Pursuant to section 22, the process to appoint a guardian of property is commenced by application to the Court. In order for a guardian of property to be appointed, there must be a finding of incapacity as outlined in section 25.
If successful, the guardian “steps into the shoes” of the person for whom he or she has been appointed and can make decisions with respect to their property (real estate, bank accounts, various other assets). This mechanism is available under Ontario law so that if a person is incapacitated, another person (usually a trusted relative) can step in and ensure the incapacitated person’s financial affairs are properly managed.
If the incapacitated person regains capacity, the guardianship may be terminated on a motion before the Court. Pursuant to section 30, the process for this is governed by Part III (sections 69 to 77).
Proceedings under the Substitute Decisions Act, 1992 can be very expensive. Additionally, the guardian should be fully informed with respect to his or her duties and recordkeeping requirements.
The Spears conservatorship appears is a good example of how a family member may be able to step in and help someone who may be going through a difficult time and who may be unable to make proper decisions with respect to property.
This will be a very interesting story to follow.
More on the latest developments here.