THE legal controversy around Britney Spears is no secret. Her father has controlled her career and finances since 2008, a position she has struggled with 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 to fame, public collapse and recent comeback. The documentary also focuses on previous media coverage of Spears, which many now consider misogynistic.
For years, fans have used the hashtag #FreeBritney to support the singer’s desire to leave her guardianship, a court-appointed function that gives her father, Jamie Spears, the power to control her property. Britney’s lawyers said she will no longer act as long as her father is in charge.
Both sides will return to court on Thursday for a status hearing.
What is guardianship?
Guardianship is legally defined as a judicial process in which a judge appoints an individual or organization, called a conservative, to take care of someone who “cannot take care” of himself or who cannot manage his own finances, according to the Judiciary Branch of California.
Zoe Brennan-Krohn, an ACLU lawyer, told CBS News that guardianship laws vary from state to state, making it difficult to determine exactly how many exist across the country.
The law supports guardianships when less restrictive options are discarded, Brennan-Krohn said, but too often, they are granted as a “first resort” when someone encounters age-related difficulties or disabilities.
Brennan Krohn said Britney is “one of the countless thousands across the country” under guardianship or guardianship, calling her case unique because of her fame and fortune. “But it is also interesting because it is, in a way, quite typical. We see across the country that people enter conservatories and guardianships that they cannot get out of.”
How did we get here?
In 2008, James Spears, who serves for Jamie, was granted guardianship after Britney allegedly struggled with mental health problems and was hospitalized. After Britney was released, a Los Angeles court made guardianship permanent, giving her father and another co-conservative power over her finances and medical decisions.
Jamie argues that his guardianship is working. Under her order, her legal team says, Britney’s equity went from debt to an appraisal of more than $ 60 million.
In November 2020, his legal team said Jamie worked hard to restore “Britney’s good health, reunite her with her children and relive her career”.
“Throughout his service as a conservative, Mr. Spear’s only motivation has been his unconditional love for his daughter and a strong desire to protect her from those who try to take advantage of her,” wrote Jamie’s legal team. “He wants his daughter to be happy, healthy, protected and prosperous. His love for Britney is a material factor in how he was able to transform his property from being in the red to what it is now.”
AP
Why does Britney want to leave?
In August 2020, the court-appointed pop star’s lawyer said Britney “strongly opposed” her father’s position as the sole conservator of her estate and asked the court to limit his control. Her lawyer, Samuel D. Ingham III, said Britney “strongly prefers to have a corporate fiduciary qualified in the role” and she has made several attempts to do so.
Britney requested that Jamie’s temporary replacement, Jodi Montgomery, be appointed permanent conservator of her person. Montgomery, a conservative with a professional license, temporarily took office in 2019, when Jamie offered to resign briefly, citing health reasons.
In November last year, a judge responded to the singer’s desire to name an external financial group, the Bessemer Trust, as a co-conservative. She is still asking the court to remove her father and allow the Bessemer Trust to become the sole conservator of her property – something Jamie and his legal team have continued to fight for, arguing that his powers have been extinguished.
In court, Ingram allegedly called Britney a “high-performing conservative” who deserves to know what action her father may be taking on his property. He also said that her client is “afraid of her father” and that she hasn’t spoken to him in a long time.
On February 3, the singer’s lawyer said “it would be highly detrimental to Britney’s interests” to allow her father to be the only person responsible for her assets.
Britney’s lawyers 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 are certain risks that can come with the appointment, including “financial, physical and emotional abuse”.
“Even when there are no abuses, conservatories limit a person’s ability to advocate for themselves, learn from their decisions and mistakes and grow and develop. There is a risk of hearing that their opinions, likes and dislikes do not matter – it makes harder to face abuse or neglect, “she said.
“In any guardianship, we would like to know if the real risks (and benefits) of the guardianship and its alternatives have been seriously assessed.”
Christopher Polk / Getty
What did Britney say about the case?
Britney remained silent throughout the legal battle, speaking only through her legal team and making subtle comments over the years.
The Times series features a clip from the MTV documentary “Britney: For The Record”, where Britney talked about the limits of her personal freedom. It is not clear whether she was speaking directly to the guardianship.
“If I were not under the restrictions that I am under now, you know, with all the lawyers and doctors and people analyzing me every day and all that sort of thing, if it wasn’t there, I would feel so liberated and I feel myself I’m kind of stuck in this place, and it’s like, how do you deal? I just struggle with it every day, “she told the interviewer. “When I tell them what I feel, it’s like they hear me, but they’re not really listening. They are listening to what they want to hear. They are not listening to what I am saying to them. It’s bad … I ‘ I’m sad.”
When asked if her life was out of control, she disagreed and said, “It is very much under control. There is no excitement. There is no passion. It is like ‘Groundhog Day’ every day.”
On Tuesday, Britney tweeted a video of her singing her song “Toxic”, along with the message: I will always love being on stage … but I am taking the time to learn and be a normal person … I just love enjoying the basics of everyday life. “
In a separate tweet, she wrote: “Each person has his or her own story and opinion about other people’s stories !!!! We all have so many different and brilliant lives. Remember, no matter what we think we know about a person’s life, it’s nothing compared to the real person who lives behind the lens. “
On Tuesday, her boyfriend Sam Asghari criticized the singer’s father on Instagram. “It is now important for people to understand that I have zero respect for someone who tries to control our relationship and constantly throwing obstacles in our way. In my opinion, Jamie is a total idiot.”
The 27-year-old added: “I will not go into details because I have always respected our privacy but, at the same time, I did not come to this country without being able to express my opinion and freedom.”
What is #FreeBritney?
Frazer Harrison / Getty
Many of Britney’s fans have protested outside the Los Angeles court, where status hearings are held in the case. There’s even a podcast, Britney’s Gram, which is dedicated to dissecting your posts on Instagram and social media. His fans used the hashtag #FreeBritney to draw attention to his legal battle against his father.
In September last year, Britney’s legal team recognized fans after their legal battle.
“At this point in her life, when she is trying to regain some personal autonomy, Britney welcomes and appreciates the informed support of her many fans,” said her lawyer in opposition to her father’s attempts to hide information from the public. . “Although the sealing move is supposed to be for her ‘protection’, Britney herself is vehemently opposed to her father’s effort to keep her legal fight hidden in the closet as a family secret.”
“In that case, it is no exaggeration to say that the whole world is watching.”