Will Britney Spears be Freed From Conservatorship and If so, What Will Happen Next?

In late September, singer Britney Spears succeeded in removing her father Jamie from the role of her guardian, and on 12 November she may secure another victory – a court in Los Angeles is due to hold a hearing that may see Britney being freed from the conservatorship she has been under for 13 years. Here is what to expect:

Freedom, Gradual Termination, or No End to Conservatorship

Conservatorship is granted by a court when a person is deemed incapable of caring for themselves due to neurodegenerative diseases like Alzheimer’s or Parkinson’s, or mental illnesses. The latter is the case of Britney Spears. The singer’s father has for years argued that the measure is necessary, as it protects Britney, who is struggling with mental issues. Even after Mr Spears voiced his willingness to step down as Britney’s guardian, he noted that his daughter’s battle with mental disorders is "far worse" than the public knows.

LA Superior Court Judge Brenda Penny may order Britney Spears to undergo medical evaluation before issuing a ruling, something the singer reportedly doesn’t want.

It is very rare that conservatorships are terminated, says US journalist Samantha Stark. Ms Stark directed the documentary "Controlling Britney Spears", which revealed that her father reportedly ordered surveillance of her daughter’s communications, recording conversations she made over the phone, and even with her children.

"A concern is, you know, when you're isolated for so long, who will support her? Hopefully she has that and is able to live the life she wants", Samantha Stark said.

Ms Stark’s statement was echoed by that of Sarah Wentz, who specialises in conservatorships, guardianships, and estates. She believes Britney Spears’ conservatorship is “so long overdue”, but notes that someone has to look after the singer.

"Once the conservatorship goes away, where is the oversight to make sure she is safe? That doesn’t mean that she needs a conservatorship. But the reality is that if it’s terminated, at that point, she’s in charge of her life. There isn’t any court she can go back to. If she fails to watch over her estate and life responsibly, then there isn’t any recourse", Sarah Wentz said.

According to local media, the judge may request a gradual termination of the conservatorship, something which Britney Spears allegedly supports. Reports say the singer plans to hire assistants who will perform the same duties as her father did, but their decisions would be subject to her approval. The judge may also request a so-called “supported decision-making approach”, which will see Britney Spears making her own major decisions in life, but with input from advisers.

Another scenario could see the court terminate the conservatorship altogether, giving the singer full control over her life. Los Angeles probate litigator Troy Martin says such a decision is highly likely. Given the publicity the case has received, experts predict that Judge Brenda Penny will either terminate the conservatorship, or at least begin the process.

Investigation Into Jamie Spears and Impact on the Issue of Guardianship

Britney Spears’ lawyer Mathew Rosengart, who was appointed in July, has signalled that he intends to launch an investigation into how the pop star’s father handled her conservatorship as well as into other individuals who were involved in the process.

This summer, Britney Spears delivered a bombshell testimony in court, during which she accused her father of “abuse” and said he should be put “in jail” for the way he treated her. In an emotional speech, the 39-year-old claimed that she had been drugged, forced to perform against her will, prohibited to marry her boyfriend, and forced to get an intrauterine device to prevent pregnancy.

"It’s embarrassing and demoralizing what I’ve been through, and that’s the main reason I didn’t say it openly. I didn’t think anybody would believe me", the singer said.

Jamie Spears, right, father of singer Britney Spears, leaves the Stanley Mosk Courthouse Wednesday, Oct. 24, 2012, in Los Angeles

Alex Vlasov, a former employee of security provider Black Box Security, which was hired by Jamie Spears, revealed in September that Britney’s father had asked him to install a listening device in the singer’s bedroom as well as to record conversations she had with people. The former security employee described her conservatorship as a person "that was in prison".

"And security was put in a position to be the prison guards essentially", he said.

Jamie Spears denied he was responsible for restrictions imposed on his daughter.

"Jamie unconditionally loves and supports his daughter. Full stop. As he has done for her entire life, Jamie will do everything he can to protect and care for her. For the last 13 years, that included serving as her conservator. He has never abused her and he unreservedly supports his daughter's quest to end her conservatorship", Mr Spears' attorney said.

In a since-deleted Instagram post, Britney Spears accused her mother of "ruining" her life, claiming it was her idea to put her under a conservatorship. The singer’s lawyer, Mathew Rosengart, said the legal team is looking forward to continuing "vigorous investigation into the conduct of Mr Spears, and others, over the past 13 years". He also accused Jamie Spears of "reaping millions of dollars" from Britney Spears, whose net worth is estimated to be $60 million.

The singer’s case has prompted widespread debate on reforming the guardianship system in the United States. Two lawmakers, House Republican Nancy Mace and Democrat Charlie Crist, have proposed a new bill on conservatorship that would allow a person placed under one to petition to replace their court-appointed guardian with a public conservator, family member, or private agent without the need to prove that he or she is being abused by the incumbent guardian. The bill would also guarantee state funding for workers to oversee conservatorships.

Conservatorship activist Dr Teresa Kay-Aba Kennedy, who has petitioned to reform the guardianship system in the US, described it as "oppressive" and "archaic". The issue is a personal one for Ms Kennedy, whose aunt was exploited under conservatorship.

"The #FreeBritney movement has brought to light that this is a human rights movement. It's not just about one person”, Dr Kennedy argued, adding that there are "thousands of other victims". “It's systemic injustice and there are crimes actually being committed. And we need the laws and we need the training of law enforcement and all people in the judiciary to understand the dynamics of this crime and do something about it", Dr Kennedy said.