It’s Britney B****: An Overview on Conservatorship and its Termination under the Laws of California and Indonesia
by Alvin Natanael
In certain situations, people might need help taking care of themselves, where other people have to take over their finances or their daily lives and choices. In answering these concerns, many jurisdictions recognize the concept of “conservatorship” or “adult guardianship”. To quote the Californian Judicial Council, this is a condition when a responsible person or organization (“conservator”) cares for another adult (“conservatee”) who is unable to care for themselves or manage their finances.[1] This qualification generally translates to similar meanings in other jurisdictions, however, the threshold of “inability” of the conservatee is different.
For example, in Indonesia, an adult can be placed under conservatorship if they are under the state of simple-mindedness, insanity or rage, or improvidence.[2] In comparison, for someone to be put under a conservatorship under Californian Law, they have to be (1) unable to properly provide for their health, food, clothing, and shelter; and (2) unable to substantially manage their financial resources, or to resist fraud or undue influence.[3] As the title suggests, this article will focus on conservatorship and its termination under these two jurisdictions.
Even though conservatorships are generally helpful, it is prone to abuse. Conservatees have limited rights to conduct legal actions on their own, if any at all.[4] Consequently, this puts the conservator in a much higher position compared to them. It is not unheard of situations where conservators coerce their conservatees or abuse the estate they are entrusted to.[5] Even when conservatees fight these malicious efforts, due to their legal status they might be seen as confused, or generally incapable to comprehend the situation they are currently in.[6] This creates a perfect storm that entraps the abused conservatees from their own life and liberty.
Spears’s “meltdown” and the beginning of her conservatorship
Britney Jean Spears’s situation may be one of, if not the most, notable conservatorships in the world. In 2007, the “Princess of Pop” weathered through some rough personal issues and eventually broke down publicly in several instances. Among them, the umbrella attack on a paparazzi’s car remained most memorable.[7] Discussed below are several incidents that preceded the conservatorship; however, the exact reasoning remained unknown as the initial psychological reports were sealed for Spears’ privacy.[8]
Spears’ crisis started from her divorce from Kevin Federline and the custody battle over their children in 2007.[9] She was also undergoing drug rehabilitation for methamphetamine abuse, which allegedly contributed to her hastily shaving off her hair (which she believed would contain traces of meth, and therefore needs to be removed so the courts cannot order a test and deem her an unfit parent).[10] Lastly, during a custody standoff with Kevin Federline, her ex-husband, she locked herself and her children in their house in early 2008.[11] Consequently, she was involuntarily taken to a psychiatric ward for evaluation twice in January 2008. James P. Spears, her father, filed that Spears suffers from a “dementia-related illness” and asks to be her conservator along with Andrew Wallet.[12] A temporary conservatorship was then placed over Britney Spears’ person and her estate in February 2008, which was made permanent in October 2008.[13]
After 13 years of conservatorship
For a person in a conservatorship, Spears seemed to have a better capability to work and provide for her needs (and her family). She got back to work one month after her conservatorship was made permanent, published three albums over eight years, and went on world tours in 2009, 2011, 2017, and 2018.[14] Spears’ 2018 Reputation Stadium Tour became the highest-grossing U.S. tour ever, racking up USD 266.1 million in ticket sales in the U.S.[15] This demonstrates that she can provide for her needs and finances. Consequently, this would mean that Spears does not fulfill the requirements of a conservatorship under Section 1821 of the Probate Code. [16]
Spears had repeatedly protested the conservatorship and the conservator team since 2008.[17] She had also asked the court to oust her father from his position as a conservator several times, to no avail.[18] However, recently in June 2021, in a hearing, she addressed the court directly and showed that she would like to petition the court to end this conservatorship.[19] This fight gained more traction recently partly due to Spears’ newly-appointed attorney, Matthew Rosengart, which had given her more efficient insight and legal support she needed in fighting to end this conservatorship.[20]
How Spears can terminate her conservatorship
This article will focus on several main aspects in the process of terminating a conservatorship, firstly in California (with examples from Spears’ conservatorship), then in Indonesia. The aspects discussed include (1) the grounds on which a conservatorship can be terminated; (2) who has the standing to submit the petition/start the process of termination, and (3) other procedural requirements or processes preceding the termination.
In California, termination of conservatorship is regulated under California Rules of Court and California Probate Code. Rule 7.1052 of the California Rules of Court stipulates:
a. Operation of law or court order
A conservatorship of the person or estate may terminate by operation of law or may be terminated by court order if the court determines that it is no longer required. [21]
The rule closely mirrors Section 1860 of the California Probate Code. Further explanation of the grounds to termination can be inferred from Section 1863(b) of the Probate Code:
“If the court determines that the conservatorship is no longer required or that grounds for establishment of a conservatorship of the person or estate, or both, no longer exist, the court shall make this finding and shall enter judgment terminating the conservatorship accordingly.”
From the two provisions above, it can be inferred that the grounds on which a conservatorship can be terminated is that the initial grounds of establishment no longer exist. This could mean that the conservatee has been “cured” of their past illness, or has presently regained their ability to properly manage their finances and provide for their needs.[22] Under available case laws, it shall be proven beyond a reasonable doubt that the conservatee no longer needs other people’s conservatorship over their life.[23] However, it is not necessary to prove that the conservatee would not relapse to their initial condition.[24]
In the case of Britney Spears, it is evident that the symptoms of her supposed “dementia-like illness” are not present anymore, and that she has been able to mostly take care of her needs by herself. This would mean that the causes of the initial conservatorship in 2008 do not exist anymore, and consequently, the court might terminate it. If needed, Spears can support this fact by submitting a psychological evaluation and/or expert testimonies detailing her mental health condition.
As to whom may file the petition, California is quite lenient on this matter, as shown under Section 1861(a) of the Probate Code. A petition for the termination of the conservatorship may be filed by the conservator, the conservatee, the spouse, or domestic partner, or any relative or friend of the conservatee, or another interested person. As long as the petitioner shows significant interests, the courts will hear and rule upon it. Britney Spears intends to petition the court herself as the conservatee.[25]
After the petition is received by the courts, a hearing would be scheduled. This hearing will be conducted according to the laws and procedures of a civil action, and the conservatee may also request a jury trial. In this proceeding, the conservator, the conservatee, the spouse or domestic partner, or any relative or friend of the conservatee or other interested person may appear and support or oppose the petition.
Terminating a Conservatorship under Indonesian Law
Data from LBH Masyarakat (Community Legal Aid Institute) shows that formal conservatorships are relatively rare in Indonesia. From 2015 until 2018, there are only 49 cases filed to the courts in various counties.[26] Even though this article focuses on these formal conservatorships, it is also worthy to note that there might be millions of active “informal conservatorships” in Indonesia. This is considering there are already about 1–2 million active cases of Alzheimer’s or other dementia-related conditions in Indonesia, [27] not to mention other illnesses that might impair someone’s ability to provide for themselves. These “informal conservatorships” unfortunately do not have any oversight of the courts or law enforcement authorities.
Such conditions may implicate the progression of the laws of conservatorship in Indonesia. When compared to California, Indonesia is less straightforward in regulating the termination of conservatorships. The process is still reliant on colonial Dutch laws under Article 460 of the Indonesian Civil Code (Burgerlijk Wetboek), which stipulates:
“The conservatorship shall be terminated, if the reasons for which it arose no longer exist notwithstanding this, the release of the conservator shall not be granted unless the formalities stipulated by the law to become conservator are complied with, and the individual placed under conservatorship, shall not be able to resume the exercise of his rights, until the judgment for release of conservatorship has become legally valid.”
Similar to the California Probate Code, Indonesian Law allows termination of conservatorships through court order if the reasons consequential to it no longer exist. However, it does not mention who can start the termination process. The article also did not specify the necessary standard to prove if the conservatorship is no longer needed.
Nevertheless, past cases can be used as supplementary means to interpreting the article. One of the Supreme Court cases is particularly noteworthy, namely Indonesian Supreme Court Case Number 152K/Pdt/2014. In Case 152K/Pdt/2014, the Supreme Court affirms the people who have legal standing to petition the courts in ending the conservatorship.
Case 152K/Pdt/2014 involved a stepson, Sutoyo, who sought a court order to conserve his elderly father, Lukman, who had undergone heart bypass surgery four times, underwent chemotherapy, and brain surgery. The father was already suffering from illness, memory loss, and difficulty taking care of his interests. Before it all became more severe, the father empowered his first son to manage the property. The child then applied for a conservatorship and the court granted this request.
This conservatorship was not approved by the conservatee’s wife, Listiyah. Listiyah then asked the court to terminate the conservatorship. This is since the conservatee, Lukman, had recovered from his past illnesses, evidenced by the latest medical record (medical record) from a hospital in Jakarta. Lukman’s health condition continued to improve and his health recovered. Therefore, the grounds for conservatorship no longer exist. After summoning several experts and Lukman to testify, the judges are convinced by clear and convincing evidence that Lukman had recovered. The judges then terminated the conservatorship. In the Supreme Court, the panel of supreme justices confirmed that terminating a conservatorship is indeed possible through family members’ petition.
Akhmad Budi Cahyono, an expert in the Indonesian Civil Code, commented on this decision in his interview for HukumOnline. In his opinion, this decision had filled the legal vacuum in the Civil Code. He noted that it is illogical for a conservatee to petition the court themselves since they are still under the conservatorship and therefore considered unfit to conduct legal actions. [28]
Even though it is true, the author argues that such interpretation might be too paternalistic. It is worthwhile to consider the termination procedure in California, in which the conservatee can petition the court for the termination. In these proceedings, the courts will evaluate the conservatees’ capacity to conduct legal actions. In this particular process, it will not hurt to consider them a fully responsible person before the law until proven otherwise through the evaluation. This is also considering the legal interest of the conservatees in the matter. If we follow the formalistic approach to legal standing, the conservatees would be the ones who received the biggest impact from the process, however, they are left with the smallest say in the matter.
Further Comments and Conclusion
This paper explored the events around Britney Spears’ conservatorship and its possible termination. Based on the author’s observation, Spears’ conservatorship may soon end, following her petition to the Californian courts. However, as the case is still ongoing and mostly under enclosed proceedings, the author would refrain from making any conclusions about the outcome of such proceedings.
Nonetheless, this case had certainly shone light towards conservatorships and their possible abuse when conservatorships are undue. The movement to reform conservatorship laws on the federal level had also gained momentum, as shown by a newly introduced “The Freedom and Right to Emancipate from Exploitation (Free)” bill in Congress.[29] This bill would hopefully end conservatorship abuse in the United States.
On the other hand, conservatorship laws and their potential abuse had not gained significant attention in Indonesia; when in fact, they have a more restrictive and paternalistic view regarding conservatorships and their termination. Below is a simplified comparison of the process of terminating a conservatorship in Indonesia and the State of California:
Additionally, there are a considerable amount of active “informal conservatorships” over elders and the disabled in Indonesia. Unfortunately, this phenomenon is still not accounted for, and therefore would not receive much oversight nor control. Further research is much needed regarding this matter.
Bibliography
[1] California Judicial Council, “Conservatorship,” https://www.courts.ca.gov/selfhelp-conservatorship.htm, accessed on 30 July 2021.
[2] Indonesian Civil Code, Art. 433.
[3] California Probate Code, Section 1833.
[4] Indonesian Civil Code, Art. 452; California Probate Code, Section 1870–1901.
[5] National Center for State Courts, “Examples of Conservator Exploitation: An Overview,” https://www.eldersandcourts.org/__data/assets/pdf_file/0017/5822/ovc-brief-1.pdf, accessed on 30 July 2021.
[6] Weintraub Tobin, “Lest We Forget, Conservatees Have Personal Rights,” https://www.jdsupra.com/legalnews/lest-we-forget-conservatees-have-8116850/, accessed on 31 July 2021.
[7] BBC News, “Britney Spears: Singer’s conservatorship case explained,” https://www.bbc.com/news/world-us-canada-53494405, accessed on 31 July 2021.
[8] The Free Britney Army, an organization dedicated to ending Spears’ conservatorship, had compiled the available court documents accessible through this link here: https://www.freebritney.army/court-documents.
[9] Nicole Briese, “Britney Spears and Kevin Federline’s Relationship Timeline: From Divorce to Coparenting,” https://www.usmagazine.com/celebrity-news/pictures/britney-spears-and-kevin-federlines-coparenting-timeline/, acessed 30 July 2021.
[10] Andy Soltis, “Britney Spears Shaved Her Hair Off In 2007 To Cover Up Drug Use: Ex-Aide,” https://nypost.com/2012/10/20/britney-spears-shaved-her-hair-off-in-2007-to-cover-up-drug-use-ex-aide/?utm_source=url_sitebuttons&utm_medium=site%20buttons&utm_campaign=site%20buttons, accessed on 31 July 2021; Kim Novak, “The Heartbreaking Reason Britney Spears Shaved Her Head In 2007 Revealed Ahead Of Breaking Point Documentary,” https://metro.co.uk/2019/11/03/heartbreaking-reason-britney-spears-shaved-head-2007-revealed-ahead-breaking-point-documentary-11034236/?ito=article.desktop.share.top.link, accessed on 31 July 2021.
[11] CBS News, “Timeline: Britney’s Meltdown,” https://www.cbsnews.com/news/timeline-britneys-meltdown/, accessed on 31 July 2021.
[12] This is stipulated under Section 2356.5 of the Probate Code, and allows more extensive powers to be given to the conservators. However, among other things, the court has to establish, by clear and convincing evidence, that the conservatee has dementia and lacks the capacity to give informed consent to this placement.
[13] Jill Serjeant, “Britney Spears’ dad retains control of her affairs,” https://www.reuters.com/article/us-spears/britney-spears-dad-retains-control-of-her-affairs-idUSTRE49R8R420081028, accessed on 31 July 2021.
[14] BBC News, “Britney Spears…”.
[15] Madeline Berg, “Britney Spears’ Net Worth Revealed — And It’s Shockingly Low Compared To Her Pop Peers,” https://www.forbes.com/sites/maddieberg/2021/02/17/britney-spears-net-worth-revealed--and-its-shockingly-low-compared-to-her-pop-peers/?sh=5506d1ae18ac, accessed on 2 August 2021.
[16] See footnote 4 in page 1.
[17] Liz Day, Samantha Stark and Joe Coscarelli, “Britney Spears Quietly Pushed for Years to End Her Conservatorship,” https://www.nytimes.com/2021/06/22/arts/music/britney-spears-conservatorship.html?smid=url-share, accessed on 3 August, 2021.
[18] Nardine Saad, “Britney Spears ‘strongly opposed’ to her father being sole conservator,” https://www.latimes.com/entertainment-arts/music/story/2020-08-18/britney-spears-conservatorship-jamie-spears, accessed on 7 August 2021.
[19] BBC News, “Britney Spears…”; Jem Aswad, “Read Britney Spears’ Full Statement Against Conservatorship: ‘I Am Traumatized’,” https://variety.com/2021/music/news/britney-spears-full-statement- conservatorship-1235003940/, accessed on 2 August 2021.
[20] Helen Sullivan, “Who is Britney Spears’ new celebrity lawyer, Mathew Rosengart?” https://www.theguardian.com/music/2021/jul/15/who-is-britney-spears-new-lawyer, accessed on 7 August 2021; Vox Podcast?.
[21] Under Probate Code section 1860(a), a conservatorship of the person terminates by operation of law when the conservatee dies, and the conservator of the person need not file a petition for its termination.
[22] James Spensley and Paul H. Werme, “Conservatorship: An involuntary legal status for ‘gravely disabled’ mentally disordered persons,” West J Med 130:476484, May 1979, p. 483; Conservatorship of Murphy (1982), 134 Cal.App.3d 15.
[23] Conservatorship of Roulet (1979), 23 Cal.3d 219, Concurring and Dissenting Opinion of Clark, J.; Conservatorship of Benvenuto (1986), 180 Cal.App.3d.
[24] Ibid.
[25] Mark Savage, “Britney Spears wants her conservatorship to end: What happens next?” https://www.bbc.com/news/entertainment-arts-57608147, accessed on 4 August 2021.
[26] Albert Wirya, et al., “Asesmen Hukum Pengampuan di Indonesia: Perlindungan Hak Orang dengan Disabilitas Psikososial,” (Jakarta: LBH Masyarakat, 2020), p. 69.
[27] Alzheimer’s Indonesia, “Statistik tentang Demensia,” https://alzi.or.id/statistik-tentang-demensia/, accessed on 4 August 2021; Ni Wayan Suriastini , et al., “Prevalence and Risk Factors of Dementia and Caregiver’s Knowledge of the Early Symptoms of Alzheimer’s Disease,” Aging Medicine and Healthcare 2020, Vol. 11 Issue 2, p. 61; Martin Prince, et al., World Alzheimer Report 2015: The Global Impact of Dementia, (London: Alzheimer’s Disease International (ADI), 2015).
[28] HukumOnline, “Putusan Terpilih MA 2016: Manakala Kurandus Sudah Sembuh,” https://m.hukumonline.com/berita/baca/lt58c125c4cbf5d/manakala-kurandus-sudah-sembuh/, accessed on 7 August 2021.
[29] Laura Snapes, “Britney Spears: US House of Representatives introduces bill to end conservatorship abuse,” https://www.theguardian.com/music/2021/jul/21/britney-spears-us-house-of-representatives-introduce-bill-to-end-conservatorship-abuse, acessed on 9 August 2021.
