Britney Spears – Conservatorship Split! Would The Court Of Protection Reach The Same Decision?

The #FreeBritney campaign saw some success in the US Courts the other week when it was ruled Britney Spear’s father, Mr Spears, must share conservatorship with trust company, Bessemer Trust. This restricts Mr Spears control over Britney’s property and financial affairs and confirms Bessemer Trust now have equal authority and power to deal with the same. Moving forward Mr Spears and Bessemer Trust must work together in the control of Britney’s financial affairs.

What is a conservatorship? And why was it put in place for Britney Spears?

A conservatorship is similar to a UK Deputyship and was put in place for Britney when there were concerns over her mental health. A deputyship is put into place where it has been held a person lacks capacity in respect of their property and financial affairs and a Deputy is required to manage these affairs on their behalf. Depending on the circumstances, the Deputy appointed may be either a friend or family member, or a professional such as a Solicitor. An individual’s assets and level of capacity will determine who is best placed to act as Deputy, with the Court preferring a professional Deputy when an individual’s assets are substantial and complex.

In Britney’s case, it is expected she accumulated vast wealth through her music career and Mr Spears’ role was not simple when he was awarded conservatorship in 2008. More recently Britney has expressed her wishes to have her father’s conservatorship removed as she does not want her father to control her finances. This is common as individual’s often seek to change their Deputy if the relationship with the Deputy has broken down or they may seek to remove the need for a Deputy entirely if they believe they have regained capacity.

Britney brought this before the US Courts and it has been ruled conservatorship will be split equally between Mr Spears and Bessemer Trust. This does not remove Mr Spears entirely and it is clear he will continue to have a big influence over Britney’s finances. Bringing a similar case before the Court of Protection would require an individual to show their currently appointed Deputy has acted in bad faith and not in their best interests. If the Court of Protection are then satisfied the Deputy is no longer suitable, an alternate Deputy will be appointed.

The split between a professional Deputy and family member having joint deputyship is also common. This is typically seen where the protected party is a minor and their estate is substantial, for example, by reason of a settlement, and the Court believe a professional with experience is required to manage the party’s affairs rather than the family alone. Similarly, Mr Spears now has conservatorship with a professional company who will be able to ensure reasonable and calculated decisions are being made.

Removal of the conservatorship

Britney Spears now has to consider whether she will pursue removal of Mr Spears entirely and further, whether the conservatorship will be removed absolutely. In the Court of Protection, an individual seeking to remove a family member as Deputy will have to demonstrate that they are acting in bad faith or, it is no longer in their best interests for that individual to act as a Deputy. This will go beyond Britney simply no longer liking her father although the breakdown in relationship will bear significant weight in the Court’s decision.

More difficult for Britney will be to remove the conservatorship completely. In the Court of Protection, an individual is required to show they have regained capacity to manage their property and financial affairs and a Deputyship is no longer required. Given Britney’s expected vast wealth, management of this will be more complex compared to the average individual and Britney may find it challenging to demonstrate she is capable of managing this on her own. The Mental Capacity Act 2005 does however provide that an individual shall be supported so far as possible to make decisions on their own and if this was in the Court of Protection, Britney would simply need to show the Court that with the assistance of professionals she is able to make decisions in relation to her property and financial affairs.