Britney Is Free but Thousands of Others are Not: How the Britney Spears Case Shines a Light on the Abuse of Conservatorships

On November 12, Britney Spears’s conservatorship was dissolved by California Judge Brenda Penny to the cheers of thousands of fans. For the past 13 years, Spears — famous for pop hits like “Toxic” and “Hit Me Baby One More Time” —  has been in a conservatorship, more commonly known as a legal guardianship, after a public breakdown in 2008. 

A conservator is granted legal authority over another person’s estate when the conservatee is determined to be too old, ill, or infirm to manage their own affairs. Britney’s conservator was her father James “Jamie” Spears; however, allegations of forced contraception and an abusive work schedule led to the #FreeBritney movement and public interest in Britney’s life. This attention was one of the reasons that Britney’s conservatorship was dissolved.

Britney’s conservatorship is unique for many reasons: her fame, young age, and her ongoing performances throughout the conservatorship, which resulted in Jamie Spears receiving $5 million. Ultimately, however, Britney’s conservatorship exemplifies and underscores  the widespread occurrence of abuse under conservatorships in the United States.

What is a Conservatorship and how are Conservatees Abused?

California laws designate three types of conservatorships: a General Probate Conservatorship for any adult who is “unable to provide for their personal needs due to physical injury, dementia or other reasons''; a Limited Conservatorship for a person who is developmentally disabled where the conservator has limited control; and a Lanternman-Petris-Short Conservatorship “for a gravely disabled person due to a mental disorder who may be a danger to themselves or others and requires hospitalization in a psychiatric facility.” Most other states have a similar system, with the majority of people in a conservatorship or guardianship being placed in something akin to a General Probate Conservatorship. In California, anyone can be a conservator after undergoing training and filing a petition, which is what Jamie Spears did. However, other states do not require any training, and some states allow any concerned person to petition the court and be appointed a conservator.

Although the concept of a conservatorship is well-intentioned and can be necessary to care for an ailing loved one, in practice, many individuals are placed into a conservatorship without their knowledge. Consequently, conservatees lose control of their lives and finances, as in the case of Ruddie and Renny North. 

The Case of Ruddie and Renny North

Ruddie, 68, and his wife Renny, 66, were in their Las Vegas home when a court-appointed guardian, April Parks, knocked on their door and told them that they would be removed from their home and taken to an assisted living facility. The Norths had never met  April Parks, but suddenly they were forced out of their home and cut off from their finances. 

Without their knowledge, Parks filed an emergency ex-parte petition, “which provides an exception to the rule that both parties must be notified of any argument before a judge.” Parks claimed that Rudy’s dementia was progressing to the point where he could not take care of Renny, who was recovering from lymphoma and had neuropathy in her legs. After a month, Parks filed to make the guardianship permanent. Parks won the case, over the wants of the Norths and their adult daughter Julie Belshe. Parks proceeded to sell nearly all of the Norths’ personal belongings for $3,800 and transferred their savings of about $50,000 to an account under her name.

Parks was a guardian for around 400 wards before being arrested for racketeering, theft, and exploitation. But the damage had been done to the Norths and to hundreds of others. Sadly, the Norths’ case is not unique, but there is hope for reform.

A Path Forward

Due in part to Britney Spears’s case and the increased scrutiny around conservatorships it has caused, reforms have been made to guardianship laws in the U.S. In July 2021, the “Free Britney Act,” also known as the Freedom and Right to Emancipate from Exploitation Act, was introduced to the House of Representatives. If passed, the bill would allow conservatives to request to “replace their court-appointed guardian” and require states to update and maintain databases on the number of conservatorships among other reforms. In the meantime, many states have passed their own reforms to guardianship law. In California, where Britney’s conservatorship was based, a new law has been signed such that there will be “increase[d] scrutiny of financial, physical or mental abuse” caused by conservators, and conservatees will have the power "to choose their own attorneys.”