Could Britney Spears Have Benefited From a Trust?

You likely heard a lot about Britney Spears in the last few years. But the news was about something other than the pop star’s latest album. Instead, the tabloid headlines focused on her legal troubles. In 2019, she challenged the conservatorship that’s controlled her life since 2008. Ms. Spears’ fans supported her on social media with the hashtag movement #Freebritney.

Unfortunately for Spears, the challenge failed, and the conservatorship wasn’t terminated until late 2021. Is there anything she could have done to prevent the conservatorship from ever happening?

Many people use trusts and powers of attorney to avoid conservatorship. If you have questions, it’s best to speak to an experienced trust attorney in your area. They can explain your state’s laws and give you legal advice.

What’s a Conservatorship?

People who are having trouble with decision-making and taking care of themselves may need help from someone. The law allows a conservatorship in these situations.

A conservatorship is a legal arrangement where a court appoints a responsible person to help you care for yourself when you can’t. They’re often used in cases of disability, old age, or poor mental health. The person helping the conservatee is known as the sole conservator.

The conservatorship’s intent is to care for people who can’t care for themselves. But, there’s a danger that conservators will abuse their power. In that case, it’s up to conservatees to convince judges to change or end conservatorships.

What Was the Britney Spears Conservatorship?

A California judge ordered a temporary conservatorship for Spears in 2008. It became permanent in 2009. The conservatorship came about after her notorious 2008 public meltdown that stemmed from a child custody dispute with her ex-husband.

While in place, the conservatorship had control over Britney’s financial decisions and personal life. That included her finances, career decisions, and significant personal matters. For example, whether she could get remarried. The Los Angeles court appointed her father, Jamie Spears, as the conservator of her estate.

In 2019, she challenged the conservatorship, claiming she was afraid of her father. She also argued that the conservatorship enabled her father to exploit her financially. But the court didn’t see things her way. It left the conservatorship in place with her father Jamie as the conservator. It was only terminated a few years later after Britney spoke out and generated a large amount of public support.

What Are the Alternatives to a Conservatorship?

Britney Spears’s situation is a cautionary tale. Proper estate planning could have helped her. Estate plans include two documents that can help avoid an unwanted conservatorship. They are the trust and power of attorney.

What Is a Trust?

People create trusts to avoid conservatorships. The trust company can hold assets and direct distributions during incapacity. You can name a successor trustee to manage the trust’s assets if you’re incapacitated instead of relying on a court to name a conservator — who you may not approve of — on your behalf.

How Does a Power of Attorney Work?

In a power of attorney, you name someone to act on your behalf when you’re incapacitated. The person you name is your agent. You’re the principal.

Your estate plan will have two types of power of attorney. The first is the financial power of attorney. It’s also called a durable power of attorney. The financial power of attorney lets your agent handle your financial affairs.

The second is the medical power of attorney. This document is also called a health care power of attorney. It lets your agent make health care decisions for you.

You can nominate a conservator in both of these documents. That gives you some say in who will oversee your affairs. Keep in mind that you’re only nominating someone, and the court doesn’t have to approve your choice. But generally, a probate court tries to follow your wishes.

Contact a Trust Planning Attorney for Help

You may find yourself needing someone to help manage your life. A conservatorship is a possibility, but it should be a last resort. As the Britney Spears case demonstrates, a conservatorship can go wrong. You can take steps to help avoid finding yourself in Britney’s shoes. An estate planning attorney who knows how to use trusts to protect assets can help. They can help you create a plan that gives you a say in what happens if you can’t make decisions for yourself.