A Los Angeles judge recently ruled that Britney Spears’ father should have his position as her conservator suspended. This change will set Britney Spears on the road to freedom. Spears’ father filed to end his position after Spears filed to replace him with a professional conservator.
The famous singer has described the conservatorship as abusive and stated that it prevented her from achieving many of her life objectives including getting married and having children.
The Los Angeles County Superior Court Judge who heard the case had several options including terminating the conservatorship, keeping the conservatorship in place and replacing the conservator, changing nothing, or delaying a ruling and requesting more evidence.
An accountant was approved as a successor to Spears’ father. Additionally, Spears’ father has been ordered to hand over related paperwork to the estate’s new conservator. Jamie Spears has functioned as conservator of Britney’s estate since he first requested the conservatorship over a decade ago. Around the time that the conservatorship was requested, Britney had a breakdown where she was aggressively followed by the media
Reasons Why People Want to End Conservatorships
One of the most common reasons why conservatorships are disputed is that the conservatee or the subject of the conservatorship no longer needs a conservator to make financial or life decisions on the individual’s behalf. Other reasons why conservatorship fights occur are much more nuanced. For example, the conservatee or their family might feel that the conservator is not acting in the conservatee’s best interests. In these situations, the family might want financial assets returned to the conservatee. Additionally, conservatees or their loved ones simply want to change the conservator to someone they know or prefer.
Advice on Terminating a Conservatorship
If a conservator is no longer incapacitated and can make his or her own financial and life decisions, ending a conservatorship is often a fairly straightforward process:
- Obtain counsel who can help you prepare a Petition to Terminate Conservatorship
- Submit a Petition form to the conservatee’s county probate court
- Receive notification of the hearing date that conservatee’s county probate
- Attend the conservator hearing with your lawyer
- If the Petition to Terminate Conservatorship is not opposed, the court will likely grant the petition and the conservatorship provided you have demonstrated that the conservatee can handle his or her own affairs. If someone objects to the appointment of the conservator, you will likely need to convince the court that ending that conservatorship is in the conservatee’s best interest.
The Role of Lawyers in Terminating Conservatorships
While it’s possible to terminate conservatorships without a lawyer, it’s often much more difficult to do so. This is because conservatorship agreements are complex legal arrangements that offer details for the care of individuals who are classified as not capable of defending themselves. An experienced elder law attorney can help you draft, review, and submit a petition to the appropriate court for their approval. Your attorney might also provide legal representation through other associated court proceedings. Furthermore, a lawyer can help you determine the odds that your petition will be granted as well as help you create a strategy to respond in case your petition is denied.
Speak with a Compassionate Elder Law Attorney
Obtaining a conservator can be a difficult process, but terminating a conservatorship is often even more difficult. If you or your loved ones need the assistance of an experienced elder law attorney, do not hesitate to contact Ettinger Law Firm.