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Britney Spears’ recent testimony in court may have put her previous mental health assessments under a cloud of mistrust, but her abuse allegations are unlikely to help her gain independence without a deeper psychological examination.
Despite concerns over her previous assessments, the court is unlikely to throw away her doctor’s documents and release her from guardianship, said Scott Rahn, a California-based trust attorney who deals with estates and guardianships. . The court balances a number of factors when deciding whether to place a person under guardianship, making it difficult to create an objective standard that can be overruled.
Spears will likely have to undergo another psychological assessment, which she told court she doesn’t want, Rahn said.
“If anyone has raised concerns about the validity of an assessment if that assessment was, you know, four or two years ago the person is still being kept, and whether the person should be preserved today is not necessarily going to respond better when looking at an assessment from two years ago, ”said Rahn. “I think the best question is whether the current status requires guardianship.”
Spears last month asked a judge to end the guardianship she had been for 13 years. Since then, several people, including his court-appointed lawyer and his manager, have resigned, as well as a professional financial institution. The court dismissed Spears’ petition to remove his father, Jamie Spears, from his role in his daughter’s estate. A court hearing is set for Wednesday.
Medical records filed as part of the Spears case are sealed for confidentiality reasons. Spears, 39, told Los Angeles County Superior Court Judge Brenda Penny in her testimony that she felt her former psychiatrist was abusive in her treatment of her.
“To be completely honest with you, when [the doctor] passed away, I knelt down and thanked God, ”she said.
She alleged that she had been subjected to lengthy psychological assessments, that she was forced to be hospitalized at $ 60,000 per month and that she was told that she would not be able to see her children if she did not. did not comply.
Spears alleged the psychiatrist, who died in 2019, put her on lithium days after she refused to do a new show in Las Vegas and her management told the doctor she was not taking her meds. The drug, which Spears said was “completely different” from its drug, is a mood stabilizer most commonly used to treat manic depression associated with bipolar disorder.
She said a doctor asked her to have six nurses in her home, who watched her and wouldn’t let her go. She said the lithium made her feel “drunk” and scared.
Spears said that after the psychiatrist’s death, she was forced to see a therapist three days a week and the paparazzi humiliated her by taking pictures of her crying after the emotional sessions. She asked the judge last month to be allowed to be part of her own care plan, including home therapy sessions.
Allegations of abuse are not uncommon in guardianship, said Tamar Arminak, a guardianship lawyer who worked with Amanda Bynes’ parents. Doctors are asked to file declarations of capacity with the court, which specify whether the Conservatives are in a position to make decisions for themselves; they form about 75% of how judges base their decisions to keep someone under court-ordered wardship, she said.
“It’s the psychiatrist holding the carrot, sort of: ‘Everyone around you tells me you’re not complying,’ ‘You’re not doing well,'” Arminak said. “Therefore, I will put you in hospital treatment. “” Therefore, you are going to be institutionalized. “Therefore, things will change for you. “And as we know from Britney’s testimony, that’s exactly what happened to her.”
There should be a high standard for forcing Spears to become trusteeship, Arminak said; otherwise, anyone with a mental illness who has assets or “can make money can be used as Britney” and should be concerned.
“There is no reason why her own lawyer cannot seek the advice of another expert, come to court with an alternative report from a new psychiatrist saying, honestly, that she may be in pain. long-term mental illness, but the mental illness is under control, “said Arminak.” This does not make her a danger to herself and to others, she is able to make her decisions. more fundamental in life, and she shouldn’t be under that tutelage. “
Other celebrities who have spoken openly about their mental health issues, such as Kanye West and his bipolar diagnosis, have not been placed under such restrictive legal guardianship, Arminak said. It’s almost as if Spears has been diagnosed with “hysterics” and is being consistently ignored, Arminak said.
“What a lot of people don’t say but must feel is that there has to be a component to being a woman that this thing has lasted so long and that she and her opinion have been. rejected for so long and been muzzled for so long, “Arminak said.” I believe that’s a factor here. “
Ira Burnim, legal director of the Bazelon Center for Mental Health Law, said California law says guardianship is meant to help people unable to meet their basic needs while allowing them to remain as independent as possible.
Spears could argue that she should be released from guardianship because she is better now than she was 13 years ago, but it could be argued that she only got better thanks to a forced treatment, Burnim said.
There is not a lot of data on guardianship, but comparisons can be made with the forced or involuntary engagements of people in other civil proceedings, in which often those placed against their will are unlikely to voluntarily seek care. later. Often it’s because they don’t feel heard or are not in control of their care, he said.
“This is probably the No. 1 complaint of people who depend on the public mental health system for their care, that they are not being heard and their preferences are not being respected,” Burnim said. “And there is too much dependence on drugs, and in particular high doses of drugs, and too little dependence or even belief in supporting people not only through therapy, but also. by other more concrete forms of assistance to live independently. “
Spears’ situation has highlighted a broader debate around mental health and disability rights in relation to forced treatment and guardianship, Burnim said. The guardianship system is unlikely to reform or change, as “legal processes for devalued people tend not to work very well”.
“I think, you know, there are a lot of people who can sympathize with Britney Spears who maybe don’t have a lot of sympathy for other people with mental illness and their right to make choices. and to live as they see fit, as long as they are not dangerous to themselves or to others, ”he said.
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