The New York Times’ Britney Spears documentary has raised questions about the US conservatorship system. Does the UK have anything like this?
Framing Britney Spears, a new documentary about the singer, is out in the UK this week. It follows her rise as a global pop superstar and her very public downfall at the hands of an abusive and misogynistic paparazzi and media.
What was less known, until now, is that Britney has been under a court-ordered conservatorship since 2008 that has put her father in control of not just her finances, but her career and personal life, including medical treatment. This was initially done on a temporary basis given concerns over her mental health (it wasn't talked about at the time, but it is now widely acknowledged that Britney was suffering from postnatal depression), but has been extended again and again.
In an ongoing Court struggle, Britney and her lawyers are seeking to remove her father as conservator. It is said that Britney is "afraid of her father" and would not resume her career while he controlled it. In November, the judge in the case declined to remove her father, but added Bessemer Trust as a co-conservator and corporate fiduciary.
The #freebritney movement was started by fans who question whether Britney, who has released several albums and performed world tours and a Las Vegas residency during this period, really needs another person in charge of when she can leave the house, as well of the motives of those who seek to continue the arrangement. Britney herself has compared the conservatorship to a jail sentence with no end.
The case has shone a light on the conservatorship system in the US, where a court appoints a responsible person to care for another adult who cannot care for themselves or manage their own finances.
Could this happen in the UK?
Over here, the equivalent system is that of "deputyship". A deputy is someone authorised by the Court of Protection to make decisions on another person's behalf, if that person cannot make those decisions for themselves because they lack mental capacity. This is usually as a result of a serious brain injury, dementia, or severe learning difficulties.
Under the Mental Capacity Act, a person must be assumed to have capacity unless it is established otherwise, and is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken. All decisions under a deputyship must be made in the person's best interests.
There are two types of deputyship - one covering property and finances, and another covering health and welfare decisions. It appears that Britney has both types in place. Health and welfare deputyships are very rare in this country and usually a last resort where there is a dispute or a series of complex decisions need to be made.
A deputyship can be brought to an end if a medical practitioner assesses the individual as having mental capacity to manage their own affairs.
Unlike the lawyer interviewed in the documentary, I have seen this happen, in the case of a person who had suffered a serious brain injury and had received a large financial settlement, which they could not manage as a result of those injuries. Fortunately, the person recovered to the extent where they were able to secure a job and start a family, and the deputyship was deemed no longer necessary.
Here's hoping that Britney's case is ultimately resolved in her best interests. In the meantime, the #freebritney movement will continue to campaign and raise awareness.
