Singing Star's Troubles Shed National Light on Conservatorships

Though Britney Spears has been released from UCLA's psychiatric ward, the fight over her estate, her children and her ability to be responsible for herself continues. Spears' parents had her placed in the hospital for mental care using a conservatorship order they say is being disregarded. A court representative said there was "no just cause" to keep her in the hospital any longer. The hospital released her on February 6th against the wishes of her parents and the physician treating her.

Spears' parents were temporarily able to place her in treatment with an order which also took control of her estate away from her and her manager. Recently, Spears' father has tried to fire her manager after accusing him of violating a court order.

How Conservatorships Work

The Spears saga has drawn attention to conservatorships, how they work and how they could be used to help a child or family member in need of intervention. Families of people who have been seriously injured or have drug and/or mental health problems typically seek this type of order.

A conservatorship is a legal tool that allows family members or a guardian to take responsibility for the assets and finances of a person deemed incapable of making decisions for themselves. The person seeking to have a conservatorship can petition the court. He or she must then sign sworn affidavits, medical statements and other hard proof that the person against whom it will be granted is truly incapacitated. In some cases, a brief trial is held to determine capacity.

Depending upon the state in which a person seeks a conservatorship, there may be other requirements. For example, some states require the person seeking financial control to post a bond. It may not be possible to get a conservatorship if the person believed to be incapacitated has made certain estate planning moves - such as creating a living trust or including a general power of attorney appointing a specific person to handle their affairs.

The conservator is responsible for keeping track of all account expenditures on the person's behalf. Once the person is able to participate in decision-making, the conservator is required to allow them to do so. The court supervises the entire process to make sure the incapacitated person's estate is being handled properly and there is no misappropriation. The court also has the ability to terminate the conservatorship when it considers it no longer necessary.

A Tool for Helping Troubled Relatives?

With Spears' odd behavior being well-documented in the press as financial determinations related to her ex-husband and custody of her children still being made; her parents case for wanted to protect her assets was strengthened.

Hers is not the first case to place the concept of conservatorships in media spotlight. Family members whose relatives had joined Reverend Sun Myung Moon's Unification Church sought conservatorships.

They used the orders to prevent their relatives from turning over their entire estates to the church and to help convince them to leave the organization, which many view as a cult. The ACLU filed suit, arguing that conservatorship violated freedom of association principles. The orders were allowed. However, the case did lead to the requirement for expert medical testimony in conservatorship cases.

Spears' parents maintain they obtained all the necessary evidence and feel the court acted improperly in allowing her release. With the order set to expire soon and new photos of Spears appearing online almost daily, there could be another round of court battles in the pop star's future.

Comments

what papers do I need to fill out to have conservatorship for my disabled son? he is disabled and recieves ssi

what papers do I need to fill out to have conservatorship for my disabled child? My child is soon to turn 18 is disabled and recieves ssi

Hi Heather. Thanks for thinking of LegalZoom! Unfortunately we don't currently offer citizenship or visa documents. Feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.

My mother has alzhiemers and did a living trust in the early stages of her disease. She gave power of attorney to her mother, my grandmother. She now requires full time care and my younger sister of 42 has moved into my mothers house and is a drug user. She is putting my mother at financial risk and doing things that are not good for an alzhiemers patient. I want to get either POA or conservatorship.

My grandmother is now in her 90's and caring for her husband who is ill. She is not protecting my mother by letting my unemployed drug user sister live with her.

Do i have a chance if taking over POA or a conservatorship. I have three children 19, 12 & 7. I have been married for 23 years and we are financially stable and business owners.
Thank You, Candace M. Zingg

my parents are 90 & 91, myself, my sister and my brother would like to filed for conservatorship, how do we start the process, we figure it won't be easy, because my parents can be a little difficult. my parents are not able to do anything without supervision. (also we have another sister that lives in the house with them, but she has cerebral palsy)

thank you

Hello, thanks for your question. We currently do not offer conservatorship documents at this time. You may want to refer to an attorney for assistance. If you would like more advice on conservatorship specifically, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

Hi Candace, thanks for your question. We are sorry to hear of the situation you and your family are facing. While we do offer a Power of Attorney document, we can't give legal advice regarding your specific situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

Do you have available any " SAmple " forms for petitions for conservatorships ?

I have guardianship of my nefew whom is now 21 years old having a dissabilitly including autism. He has been living with me since 2008... my mother whom passed had legal guardianship and passed on to me when she was diagnosed with cancer in 2007. I need to know the legal process of completing the rights to conservatorship of my nefew DeMariea Hewitt.

Hi Pamela, thanks for your question. LegalZoom makes creating legal documents easy and affordable, but we unfortunately don't offer conservatorship documents at this time. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

Hi Norma, thanks so much for expressing interest in LegalZoom. In regards to your question, LegalZoom unfortunately does not have this particular form to petition for conservatorships. However, you can get free legal advice about these documents on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

My 48 year old son is in a coma and im told he may never recover...how do I get conservatorship?? i am told I will need an attorney. I am on Medicare so will I still need an attorney?



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