Britney Spears’ guardianship, explained – CBS News

The legal controversy surrounding Britney Spears is no secret. Her father has been controlling her career and finances since 2008, a position she has struggled against for years.

The fight is back in the spotlight after the release of a New York Times documentary, “Framing Britney Spears,” which follows the beloved pop star’s rise, public collapse and recent comeback. The documentary also focuses on past media coverage of Spears, who many now consider to be misogynistic.

For years, fans have used the hashtag #FreeBritney to support the singer’s desire to leave her guardianship, a court-appointed role that gives her father, Jamie Spears, the power to control his estate. Britney’s lawyers have said she will no longer play while her father is in charge.

Both sides will return to court on Thursday for a status hearing.

What is a guardianship?

A guardianship is legally defined as a court case where a judge appoints an individual or organization, called the curator, to look after someone who “cannot take care” of themselves or who cannot manage. its own finances, according to the California Judicial Branch.

Zoe Brennan-Krohn, an attorney for the ACLU, told CBS News that guardianship laws would vary from state to state, which would make it difficult to determine exactly how many there are across the country.

Guardianship law supports guardianship when less restrictive options are excluded, said Brennan-Krohn, but too often they are granted as a “first resort” when a person experiences age-related difficulties or disabilities.

Brennan Krohn has said Britney is “one of thousands nationwide” under trusteeship, calling her case unique because of her fame and fortune. “But it’s also interesting because it’s, in some ways, pretty typical. We see across the country people coming into guardianship and guardianship that they can’t get out of.”

How did we get here?

In 2008, James Spears, who goes by name Jamie, was granted guardianship after Britney allegedly suffered mental health issues and was hospitalized. Following Britney’s release, a Los Angeles court made the guardianship permanent, giving her father and another co-curator power over her finances and medical decisions.

Jamie maintains that his guardianship is working. Under his order, according to his legal team, Britney’s estate went from debt to an appraisal of over $ 60 million.

In November 2020, his legal team said Jamie had worked hard to restore Britney “to good health, reunite with her children and restart her career.”

“Throughout his service as a curator, Mr. Spear’s only motivation has been his unconditional love for his daughter and a staunch desire to protect her from those who attempt to take advantage of her,” the team wrote. Jamie’s legal. “He wants his daughter to be happy, healthy, protected and prosperous. His love for Britney is a material factor in how he managed to turn his estate from red to what it is now.”

Why does Britney want to go out?

In August 2020, the pop star’s court-appointed lawyer said Britney “strongly opposes” her father’s position as the sole keeper of his estate and asked the court to limit its scrutiny. Her lawyer, Samuel D. Ingham III, said Britney “strongly prefers to have a qualified corporate trustee in the role” and she has made several attempts to do so.

Britney has asked that Jamie’s temporary replacement, Jodi Montgomery, be made his permanent curator. Montgomery, a professionally licensed restaurateur, temporarily took over the role in 2019 when Jamie volunteered to step down briefly, citing health reasons.

In November last year, a judge granted the singer’s wish to appoint an outside financial group, Bessemer Trust, as co-curator. She is still asking the court to remove her father and allow Bessemer Trust to become the sole custodian of her estate – something Jamie and his legal team have continued to fight for, arguing his powers have been removed.

In court, Ingram would have called Britney a “high-level conservative” who deserves to know what action her father could take in charge of his estate. He also said his client was “afraid of her father” and had not spoken to him for a long time.

On February 3, the singer’s lawyer said “it would be very prejudicial to Britney’s interests” to allow her father to be solely responsible for her estate.

Lawyers for Britney and Jamie Spears did not immediately respond to CBS News’s request for comment.

Brennan-Krohn, who works on the ACLU’s disability rights program, said there may be risks associated with the appointment, including “financial, physical and emotional abuse.”

“Even when there is no abuse, guardianship limits a person’s ability to defend themselves, to learn from their decisions and mistakes, and to grow and develop. – it is more difficult to resist abuse or neglect, ”she said.

“In any guardianship, we would like to know that the real risks (and benefits) of guardianship and its alternatives have been seriously weighed.”

What did Britney say about the case?

Britney has kept a low profile throughout the legal battle, speaking only through her legal team and making subtle comments over the years.

The Times series airs an excerpt from the MTV documentary “Britney: For The Record”, where Britney spoke about the limits of her personal freedom. It is not known whether she addressed herself directly to the guardianship.

“If I wasn’t under the stresses that I’m in right now, you know, with all the lawyers and doctors and people who analyze me every day and all that stuff, if it wasn’t there , I would feel so liberated and feel myself. I’m kinda stuck in this place, and it’s like, how are you coping? I deal with this every day, ”she told the interviewer. “When I tell them how I feel, it’s like they hear me but they really aren’t listening. They hear what they want to hear. They don’t listen to what I tell them. This is bad … I ‘I’m sad. “

When asked if her life was out of control, she disagreed and said, “It’s too much under control. There is no excitement. There is no passion. . It’s like ‘Groundhog’s Day’, everyday. “

Tuesday, Britney tweeted a video of her performing her song “Toxic”, with the message: I will always love to be on stage … but I take the time to learn and be a normal person … I just love to enjoy the basics of everyday life. “

In another Tweeter, she wrote: “Each person has their story and their take on other people’s stories !!!! We all have so many beautiful different lives. Remember, no matter what we think we know about a person’s life , that’s nothing compared to the real person living behind the lens. “

Earlier on Tuesday, her boyfriend, Sam Asghari, slammed the singer’s father on Instagram. “Now it’s important for people to understand that I have no respect for someone who is trying to control our relationship and is constantly throwing obstacles in our way. In my opinion, Jamie is a total d ** k. ”

The 27-year-old added: “I won’t go into details because I have always respected our privacy but at the same time I did not come to this country so as not to be able to express my opinion and my freedom. “

What is #FreeBritney?

Many Britney fans have staged protests outside the Los Angeles courthouse where status hearings are taking place. There’s even a podcast, Britney’s Gram, dedicated to dissecting her Instagram and social media posts. Her fans used the hashtag #FreeBritney to draw attention to her legal battle with her father.

In September of last year, Britney’s legal team acknowledged fans following her legal battle.

“At this point in her life, as she attempts to regain some personal autonomy, Britney salutes and appreciates the enlightened support of her many fans,” her lawyer said in opposition to her father’s attempts to seal the information from the public . “While the sealing motion is meant to be for her ‘protection’, Britney herself is fiercely opposed to her father’s effort to keep her legal fight hidden in the closet as a family secret.”

“In this case, it’s no exaggeration to say that the whole world is watching.”