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Britney Spears and her lawyer have managed to kick her father out of the tutelage that has ruled the singer’s life and controlled her money, but they say they are not done looking at her and the actions he took over the past 13 years.
After a Los Angeles Superior Court judge suspended James Spears as a conservative, attorney Mathew Rosengart said his legal team would conduct a “top-down” review of his behavior now that they have access to years of books and records. Some allegations, he added, could elicit a “hard look” from the police.
“Jamie Spears and others are going to face even more serious ramifications for his misconduct,” Rosengart said Wednesday outside of court.
But legal acts can also pose problems. Experts say some of the allegations that have emerged have exposed flaws in the guardianship system, which gives restaurateurs vast control over people deemed mentally incapable of making important life decisions, as Britney Spears was in 2008. .
“Safeguards are in place,” said Sarah Wentz, an estates lawyer who works on many guardianship cases. “I think the failures in this case show us where they can be manipulated. I’m disappointed with our system.”
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Few of the allegations against James Spears, which range from mismanagement of funds to fierce control over his daughter’s every move, have been publicly proven. His lawyers say they range from unfounded to impossible, and that he has never acted except in his best interests.
Judge Brenda Penny was legally allowed to suspend Elder Spears at her discretion and held no investigative hearing before ousting her, citing only the “toxic environment” he created around her daughter .
However, his suspension could now allow evidence to be gathered.
“They needed to sideline him,” Wentz said. “He has too direct a conflict.”
Rosengart argued in court that James Spears had “raked in millions of dollars” from guardianship, and has said in court records that in recent years he has overspent his money on lawyers and strategists whose The main objective was to strengthen its reputation and maintain the guardianship. at all costs.
“She’s the breadwinner. Everything belongs to her,” said Richard Kaplan, a criminal lawyer specializing in defending white-collar clients. “And if there has been mismanagement, it is ripe for an investigation.”
Neither Kaplan nor Wentz are involved in the Spears case.
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Lawyers for James Spears have argued that all of his actions are subject to scrutiny by the court, which closely examines required quarterly financial reports and frequently investigates Tory moves.
This is not necessarily sufficient, however.
“He can’t just use that as a defense,” Wentz said. “He was not appointed by the court to oppress, mistreat or torment her.”
The judicial oversight required has not prevented others from benefiting from the guardianship and facing criminal investigation.
“It’s not uncommon for a conservative to mismanage money and make a profit,” Kaplan said. “This is why the estates courts need to take such a close look at these things.”
Rosengart also said that James Spears crossed “unfathomable” lines by engaging in illegal surveillance of his daughter, including communications with her children, her boyfriend and her lawyer, as reported by “Controlling Britney Spears”, a recent New York Times documentary and The Exchange Network.
James Spears’ attorney Vivian Thoreen dismissed the allegations in court as “rhetoric from a TV show” that could be removed quickly after further investigation.
Alone or with a partner, James Spears was the overseer of both his daughter’s life decisions and his daughter’s finances from 2008 to 2019, when he relinquished the role of self-styled conservator while continuing to control only his finances.
Her lawyers have said that means her daughter’s complaints about her healthcare and relationship checks are not her father’s responsibility at all, but that of Jodi Montgomery, a court-appointed professional who serves as his personal curator. Britney Spears aired these complaints in a pair of heated speeches in court over the summer.
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Wentz said beyond the issue of surveillance, she was even more troubled by a 2016 document leaked to Times documentary makers in which Britney Spears told a court investigator that she wanted guardianship ended, which was “based on a lot of fear” and allowed her father’s “oppressive” control over all aspects of his life.
No apparent changes have been made.
“The fact that the court didn’t do anything about it is appalling,” Wentz said. “People have asked me about reforming the guardianship system, and I said, ‘How about just follow the rules? They asked the court to end it, and it seemed like no one wanted it to end. Why ? “
She suggested that states could implement a mandatory reporting requirement for guardianship that triggers larger investigations of the kind that occur when a teacher or therapist hears of possible child abuse.
In the weeks leading up to Wednesday’s hearing, James Spears backed down and called for an end to guardianship.
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Judge Penny dismissed the petition in favor of Rosengart’s plan, which first consisted of suspending James Spears before ending guardianship entirely, possibly by the next hearing in November.
Thoreen broadly defended his client in a statement to The Associated Press Thursday, saying the ouster of James Spears was “a loss” to Britney Spears. She said he loved her daughter unconditionally and had tried for 13 years “to do what’s in her best interests, whether as a conservative or as a father.”
Thoreen said Spears’ love for her daughter “meant biting her tongue and not responding to all false, speculative and unfounded attacks.”
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