“Overprotected”? Britney Spears, #FreeBritney, and Guardianship

Pop-phenom Britney Spears is trending once again, as are hashtags like #FreeBritney, #WheresBritney, and #ImSorryBritney, following the recently-released New York Times documentary regarding Ms. Spears’s guardianship, and in advance of a February court hearing concerning the terms of the guardianship.  What is guardianship, and why might it apply to someone who is as young at Ms. Spears?

In Wisconsin, guardianship is a statutory arrangement whereunder a court appoints a “guardian of the estate” to assist with the management of a person’s finances and property, and/or a “guardian of the person” to assist with the management of a person’s care and services, including health care and social services.[1]  The court’s appointment follows a finding that the adult individual is incompetent, where clear and convincing evidence shows that the individual:

• because of an impairment, “is unable effectively to receive and evaluate information or to make or communicate decisions to such an extent that the individual is unable to meet the essential requirements for his or her physical health and safety” (for guardian of the person),

• because of an impairment, “is unable effectively to receive and evaluate information or to make or communicate decisions related to management of his or her property or financial affairs, to the extent that any of the following applies:

  • The individual has property that will be dissipated in whole or in part.

  • The individual is unable to provide for his or her support.

  • The individual is unable to prevent financial exploitation” (for guardian of the estate)

• The individual's need for help in decision making or communicating cannot be met with less restrictive means

Thus, guardianship of an adult in Wisconsin is usually seen associated with those who reach the age of legal majority (18) and have a developmental disability, who suffer from a degenerative brain disorder (e.g., dementia), or those who are impaired by a serious and persistent mental illness.  The standard for guardianship in California (there, called “conservatorship”) is similar.[2]  The general basis for seeking guardianship is to help and protect someone who is vulnerable.

Understanding the standards at issue, and trusting the legal process, it appears that Ms. Spears, though relatively young, and despite her continued achievements as a musician and a performer, has, since 2008 (when her father was appointed as her guardian), been substantially unable to properly care for herself and/or her affairs.  Though many fans and supporters would want to #FreeBritney from the guardianship arrangement, recent reports seem to indicate that Ms. Spears is, at this time, not contesting the guardianship itself, but the details of the guardianship (e.g., who may serve as her guardian).[3] 

Seeking guardianship for an adult who needs help/protection can be a complicated and messy process. If you or someone you know needs assistance with establishing, maintaining, or terminating a guardianship, please contact Van Slett Law, LLC.

[1] Wis. Stat. § 54.01(10), (11) (2021). 

[2] See, e.g., California Code, Probate Code - PROB § 1800.

[3] See, e.g., https://www.nytimes.com/2021/02/09/arts/music/britney-spears-conservatorship.html

[i] The photograph associated with this piece was taken by Glenn Francis (User:Toglenn), © Glenn Francis, www.PacificProDigital.com, (Email: glennfrancis@pacificprodigital.com), and released under the license(s) noted at https://commons.wikimedia.org/wiki/File:Britney_Spears_2013.jpg