Now that Britney is Free, We Should Take a Hard Look at Systems that Deprive People with Disabilities of Their Freedom
By: Jalyn Radziminski
After following the #FreeBritney movement all summer, we heard the news that “Britney was finally free” from the control of her father through a conservatorship. There was reason to celebrate. The court’s decision to lift the conservatorship is only the beginning of Britney Spears taking back her life after 13 years.
It is now time to take stock of the larger picture of often abusive and unjustified control over people with disabilities through systems of conservatorship, guardianships, involuntary institutionalization, and forced medication. Our country is just beginning to understand the reach of these systems. There are approximately 1.3 million adults under conservatorship and guardianship in the U.S.
“There’s an underlying assumption that if you get the process right, that everything will be fine… That we wouldn’t be depriving people’s rights… Our take, and the take of most folks in the disability community is that the process is fundamentally broken. We shouldn’t be using guardianship in so many cases,” — Jennifer Mathis, Director of Policy and Legal Advocacy at Bazelon Center.
The Broken System, the Lack of Data, and the Lack of Rights
The Britney Spears conservatorship case has brought heightened awareness of the dangers of conservatorships and guardianships. Practices vary from state to state, but overall, conservatorships and guardianships give one person control over another and their day to day decisions. Court oversight is typically lax. Rarely is the public informed when abuses occur.
In 2019, the National Council of Disability noted that there is little data on the number or the demographics of people under guardianship or conservatorship. Such individuals are stripped of their independence and power to make decisions including often their right to vote. “Spears’ situation has highlighted a larger debate around mental health and disability rights when it comes to forced treatment and guardianships,” says Ira Burnim, Legal Director of the Bazelon Center. In an interview with NBC Universal Ira emphasized that:
“Legal processes for people who are devalued tend not to work all that well,” — Ira Burnim, Legal Director at the Bazelon Center for Mental Health Law
Not Valued, Not Heard, and Stuck with the Bills
In order to make lasting change, the voices of people directly impacted must be valued and heard. Britney Spears is a white woman and wealthy pop star. Her battle was highly visible and her rights were supported by grassroots organizing and protests. Over 27 disability and legal rights organizations filed an amicus brief in support of her right to choose her own lawyer. Typically, individuals with disabilities in guardianship proceedings are unaware of their rights and not connected to support in resisting a government-sanctioned deprivation of their rights.
“I’m a very strong woman so I can only imagine what the system has done to those people, so hopefully my story will make an impact and make some changes in the corrupt system,” — Britney Spears
The struggle continues
It is imperative that people with disabilities are able to lead lives of their own making. To further this goal, we can and should:
- Limit the use of systems of conservatorships, guardianships, involuntary institutionalization, and forced medication.
- Invest in alternatives to guardianship such as supported decision-making and make these, rather than guardianship, the default option for people who need help with decision-making.
- Invest in community-based services, including by passing the Build Back Better Act.
- Expand legal, policy, and grassroots advocacy for people with disabilities.
About the Bazelon Center for Mental Health Law: The Bazelon Center for Mental Health Law is a national nonprofit legal advocacy organization that advances the rights of adults and children with mental disabilities through litigation, policy advocacy, public education, and technical assistance. Formerly the Mental Health Law Project, the Bazelon Center advocates for equal opportunity for people with disabilities in all aspects of life, including community living, health care, education, employment, housing, parental and family rights, voting, and other areas, including guardianship and conservatorship.
