California Reforms Conservatorship Law to Favor ‘Supported Decision-Making’ in Wake of #FreeBritney

California Governor Gavin Newsom signed legislation on Friday to reform the state’s probate conservatorship system that grants legal guardianship over individuals. The Bill, AB 1663, also makes it easier to end a conservatorship.

The decision will align California with other states with similar legislation related to supported decision-making, adopted after pop singer Britney Spears’ conservatorship case made headlines.

“Our state is committed to protecting civil rights and lifting up every Californian with the supports they need to thrive in their community. This measure is an important step to empower Californians with disabilities to get the support they need in caring for themselves and their finances, while maintaining control over their life to the greatest extent possible. I thank Assembly member [Brian] Maienschein and the broad coalition of advocates whose leadership has advanced this transformative reform to protect self-determination for all Californians,” said Governor Newsom.

The new Bill, written by Democratic Assembly member Brian Maienschein, establishes supported decision-making in statute as an alternative to probate conservatorship. This will allow adults with intellectual, developmental, and other disabilities who need support to care for themselves or their finances to consult with trusted supporters while making choices about their life. The legislation will ensure that they are able to do so without jeopardizing their self-determination.

Furthermore, the Bill requires that alternatives to conservatorship are included for consideration in a petition for conservatorship.

Courts will be required to provide conservatees with information regarding the rights that they retain. Judges will be empowered to terminate a conservatorship without a hearing if both the conservatee and conservator agree to this.

“Everyone deserves to have control over the choices they make in their daily life, including individuals with disabilities. AB 1663 prioritizes that right by emphasizing less-restrictive alternatives to probate conservatorships, specifically Supported Decision-Making. I am grateful that the Governor signed this important legislation today,” said Assembly member Brian Maienschein (Democrat, San Diego).

‘Rare & Last Resort’

The reform comes after an increasingly vocal push from advocacy groups, who have cited the case of Britney Spears, who was under a conservatorship for nearly 14 years.

Groups including Disability Voices United, Disability Rights California, Disability Rights Education and Defense Fund, and Free Britney LA slammed as "overused" and "misused" California's probate conservatorships. People deemed to be unable to make certain decisions for themselves can be placed into legal conservatorships in which a court-appointed conservator is given control over their finances and other critical aspects of their life, sometimes without their consent.

“Conservatorships should be rare, and the last resort. The default should be that people with disabilities retain their rights and get support when they need it,” said Judy Mark, president of Disability Voices United, an advocacy group in southern California.

Instead, “supported decision-making” agreements - a less restrictive alternative – have already been adopted in Alaska, Colorado, Delaware, Illinois, Indiana, Louisiana, Nevada, North Dakota, Rhode Island, Texas, Washington, Wisconsin and Washington, according to advocates.

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Mississippi native Britney Spears was a 26-year-old mother of two sons during the height of her career in 2008 when her father sought conservatorship.

Britney had suffered a series of mental breakdowns, which saw the artist attack a paparazzi car with an umbrella, shave her head, and become involved in a stand-off with police. Britney Spears’ father controlled everything – from finances and career decisions to personal life choices. In 2020, the ‘Baby One More Time’ vocalist asked the court to have her father removed from the conservatorship. The star claimed that she was drugged, forced to perform against her will, and obliged to get an intrauterine device to prevent pregnancy.

Her father, Jamie Spears, had denied the accusations against him, yet the court sided with the singer and terminated the conservatorship.

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