Britney Spears’ Conservatorship Surrendered – Would This Be The End For Britney If In The Court Of Protection?

Britney Spears’ battle over her father’s conservatorship continues to make headlines and demonstrates how invasive conservatorships can be. The same can apply to deputyships within England and Wales, whereby an appointed property and financial affairs deputy would have complete control over the management of a protected party’s money. In England and Wales, in very rare circumstances, a health and welfare deputy can also be appointed and that individual would have a high degree of control over any day to day and major decisions concerning the protected party’s personal welfare and health.

Britney Spears’ father files papers to end his role as conservator

Last week, Mr Spears filed the necessary documents to seek to end his role as conservator, stating if Britney believes she can handle her own life then she should get that chance. This acts as the first step to bringing the conservatorship to an end but it is believed that if Britney Spears cannot be shown to have the capacity, another individual could be appointed in her father’s place. If a similar case appeared before the Court of Protection, the Court would now be faced with a number of questions before a protected party would be allowed to manage their own financial affairs.

Whilst a person may apply to retire as a property and affairs deputy, it does not mean that control will automatically revert to a protected party. The deputyship would have originally been put in place on the basis that a protected party lacked capacity to manage their own financial affairs and usually, it must be shown that a protected party has regained capacity – to some extent, or fully – before it can be deemed no longer necessary. A protected party’s capacity should be re-assessed and only if they are found to have the capacity to manage their financial affairs will the Court of Protection’s jurisdiction fall away, as well as the need for a deputyship.

But what happens when the Court of Protection are not satisfied that a protected party has regained the required level of capacity and therefore a deputy should remain in place?

Where a deputy has applied to retire, but a protected party has not regained capacity, the Court of Protection will be required to appoint a new deputy. Until a new deputy has been appointed the previous deputy will remain in position usually. The Official Solicitor will often be instructed to act as a protected party’s litigation friend. The new deputy will be either:

• A professional deputy (either as a panel deputy or at the family’s suggestion); or
• A family member.

Herein lies where matters may get contentious.

Firstly, a protected party and his family may continue to argue he/she has a sufficient level of capacity to manage his/her own property and financial affairs and usually an updated assessment is required before the Court can decide on whether a deputyship order should be made and if so, what powers the new deputy needs.

Secondly, a dispute may arise as to whom should act as deputy. These disputes tend to arise between conflicting family members who either want to act as deputy themselves or have strong views on who should be appointed.

In the event nobody has elected to act or been put forward, the Court of Protection will likely appoint a panel deputy. This would be a professional deputy who sits on an approved Court of Protection panel.

Britney Spears’ case could develop similarly in the USA and it will be interesting to see if Britney is now allowed to re-take complete control of her life or whether a further conservatorship is necessary.