Guardianships and Britney Spears: What is #FreeBritney About?

On June 23, 2021, Britney Spears spoke openly in court about the conservatorship that has controlled her financial and personal life for the past thirteen years. Spears’ testimony was powerful. She shared that under the conservatorship she is forced to have an IUD even though she would like more children, and that in the past she was forcibly given medications, such as lithium, that further limited her ability to function autonomously. Unsurprisingly, Spears referred to the conservatorship as “abusive,” and her testimony further ignited the #FreeBritney movement, which has protested Spears’ conservatorship for over a decade. So, what is a conservatorship and how is it legally allowed to restrict Spears’ autonomy?

In Maryland, unlike California, conservatorships are termed guardianships. To initiate a guardianship in Maryland, a person (typically a family member or close friend) must petition the court for guardianship over another. The petitioner must show that guardianship over the person or property is the least restrictive means available to assist the individual. The court must find that the individual is unable to manage his or her own affairs (personal or financial) due to a disability or minority. Qualifying disabilities range from age to mental illness. Spears’ father, Jamie Spears, originally petitioned the California court for conservatorship over Spears due to mental illness after the highly publicized incidents in which Spears shaved her head and attacked a paparazzi’s vehicle.

There are two types of guardianships: guardian of the person and guardian of the property. The court can determine that an individual with a disability needs one or both types of guardians. Spears’ conservatorship concerns both her person and her property.

Although Spears appeared in court on June 23, she has not petitioned the court to end her conservatorship. Instead, Spears previously asked the court to permanently remove her father, Jamie Spears, who temporarily relinquished his authority citing to illness. The court ultimately denied Spears’ request. While an individual living under a guardianship can assert objections throughout the process, the court decides who to appoint as guardian.

Spears’ opposition to her conservatorship is not unique. Oftentimes, individuals will oppose their own guardianships, in which case a trial is held, and the court must decide if the guardianship is necessary. Some guardianships are voluntary, but many are not the choice of the individual living under the guardianship, a conflict that is inherent to the concept of guardianship. Thus, Britney does not have the power to #FreeBritney, rather the decision to do so is within the purview of the court.

At Markham Law we handle guardianship matters with the utmost care and compassion—reach out today at 240-396-4373 with any of your Maryland guardianship needs.