Oroville Mercury-Register

Spears case spotlights efforts to rein in conservato­rs

- By Daisy Nguyen

SAN FRANCISCO » Britney Spears’ fight to end the conservato­rship that controlled vast aspects of her life is putting the spotlight on ongoing efforts throughout the U.S. to reform state laws that advocates say too often harm the very people they were meant to protect.

Already this year, New Jersey cracked down on the circle of people who could petition for someone to be placed under a guardian. New Mexico created an independen­t review process to oversee how conservato­rships are being handled, including the ability to check bank records. And Oregon is ensuring that anyone placed under a guardian gets free legal help.

California changes

On Thursday, Gov. Gavin Newsom, a Democrat, signed into law a set of changes prompted by the attention generated by Spears’ legal battle to free herself from a 13-year conservato­rship run by her father.

The law includes greater oversight of profession­al fiduciarie­s, such as those who controlled Spears’ life and financial decisions. It will increase scrutiny of financial, physical or mental abuse, which could result in $10,000 fines.

The new law also will allow people placed under a conservato­rship to choose their own attorneys, which Spears was finally allowed to do in July.

California lawmakers had passed a series of reforms to the state’s conservato­rship system in 2006, but they were never implemente­d by the courts because of budget cuts during the recession in 2008 — the same year Spears was placed in the conservato­rship after suffering a mental health crisis.

Her ordeal caught the attention of Congress, which held a Senate Judiciary committee hearing this week examining ways to reshape conservato­rships.

The system “is failing people from every walk of life, whether they are a global superstar whose struggles unfortunat­ely play out in public or a family unsure of how to take care of an elderly parent,” said state Assemblyma­n Evan Low, a Democrat who introduced the bill after watching the recent documentar­y “Controllin­g Britney Spears.”

Other states act

Changes to conservato­rship laws in other states also have sought to protect assets and provide less severe alternativ­es to conservato­rships, which also are referred to as guardiansh­ips.

In New Jersey, lawmakers introduced legislatio­n that would eliminate a “catchall” category that lets virtually anyone who claims to have concern for the financial or personal well-being of another adult petition the court to strip their decision-making power.

Studies have found that people with intellectu­al and developmen­tal disabiliti­es, or those with mental illnesses, dementia and Alzheimer’s disease are at high risk of being placed under a guardiansh­ip. “Let’s say some wealthy woman is worth millions and millions, and their nephew is going around saying she’s not all there and she needs to be taken care of. Well, under current law you can do that,” said New Jersey Assemblywo­man Carol Murphy, a Democrat who was a primary sponsor of the bill. “I want it to be hard for somebody to be a conservato­r and take money from somebody without adequate protection­s for that person.”

High-profile cases of guardians exploiting vulnerable people in their care led Nevada and New Mexico to overhaul their laws governing conservato­rships.

New Mexico reformed its system, starting in 2018, amid rising public complaints and a federal investigat­ion that found 1,000 clients lost more than $10 million in a multi-year embezzleme­nt scheme perpetrate­d by the Albuquerqu­ebased company Ayudando Guardians. In July, a married couple that helped operate the company were sentenced to a combined 62 years in prison on fraud, theft and money laundering conviction­s. A judge said their conduct left former clients destitute and homeless.

Initial legislatio­n provided greater access to secretive guardiansh­ip records and court proceeding­s. It also prohibited guardians from placing limits on visitation with the elderly and infirm after families complained they weren’t allowed to visit or communicat­e with their loved ones. The state has added bonding requiremen­ts and training for conservato­rs, new rights for the incapacita­ted and a grievance process to challenge court decisions.

New Mexico state Sen. Gerald Ortiz y Pino said he’s glad Spears’ legal battle thrust the conservato­rship process into the spotlight. The Democrat cosponsore­d successful legislatio­n that pays for judicial staff to review conservato­r and guardiansh­ip accounts.

“It really goes to the heart of the matter,” Ortiz y Pino said. “You’re taking away basic civil rights from a person, and it’s not that apparent to the casual observer if a person is capable of managing their own affairs any longer. That’s why you have someone evaluate the person’s mental acuity. You have someone check whether there are less restrictiv­e options. You try to build in some protection­s.”

 ?? JOSE LUIS MAGAN — THE ASSOCIATED PRESS FILE ?? Maggie Howell, a supporter of pop star Britney Spears, protests next to a Britney Spears cardboard cutout during a rally at the Lincoln Memorial in Washington.
JOSE LUIS MAGAN — THE ASSOCIATED PRESS FILE Maggie Howell, a supporter of pop star Britney Spears, protests next to a Britney Spears cardboard cutout during a rally at the Lincoln Memorial in Washington.

Newspapers in English

Newspapers from United States