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Britney Spears’ conservatorship battle has brought to light several realistic lessons that can inform families of loved ones with serious mental illness and their decisions surrounding conservatorships (called guardianships in New York and several U.S. states). As a mental health attorney that counsels such families about conservatorships and other matters at the intersection of law and mental health, I believe it is extremely important to share such lessons so they can help those who might need them – now and in the future.
- Lesson One: Anticipate that conservatees will experience feelings of anger, mistrust and resentment. As evidenced by court testimony, press statements and social media posts, Ms. Spears has experienced extremely strong negative emotions specific to her conservatorship experience. While this is completely understandable considering her circumstances, her feelings are also extremely common among individuals in highly typical conservatorships. These emotions are a natural human response that become heightened with serious mental health issues, which can create added symptoms and behaviors, and limit self-awareness. Understanding this in advance can help families best manage their loved ones’ emotions and maintain trust.
- Lesson Two: If resources allow, use a professional conservator. While it can be difficult for family members to cede management of a conservatorship to a third party, the use of professional conservators often helps preserve bonds that can otherwise fray. Ms. Spears’ acrimonious relationship with her father and long-time conservator is common even in typical conservatorship arrangements. Alternatively, bringing in a caring, recommended and experienced conservator often relieves considerable friction, freeing family members to go back to being just ‘Mom’ and ‘Dad,’ for example. This gives them the ability to, crucially, think about their own needs and often serve as better emotional supports for their loved ones. A good mental health attorney can also press the court to direct a conservator to consult and maintain contact with family members, as appropriate. What’s more, the court monitors the fees professional conservators charge to guard against theft and abuse.
- Lesson Three: Push for the least restrictive conservatorship necessary. While laws governing the use of conservatorships requires the court to grant the least restrictive conservatorship necessary, family members who support and are willing to push for this approach ultimately serve as better advocates for their loved ones. For example, if a loved one in distress struggles to consistently take their medication, but is highly functional and self-sufficient when compliant with treatment, the family might press for a conservatorship that grants authority only over the individual’s recognized and identified limitations – in this instance, the person’s mental healthcare. While much of Ms. Spears’ situation remains confidential, the broad scope of her conservatorship and the power it had over her person has struck many as problematic.
- Lesson Four: Select an attorney with mental health law experience. While there are thousands of attorneys across the country, an extremely small percentage of them regularly interact with the mental health system. This sliver of the legal profession represents those best able to petition the court for conservatorships effectively and appropriately. Clinical professionals in the mental health field can often refer families to these professionals, verifying that they’re capable, trustworthy and will serve their loved ones’ best interests. Among the most troublesome aspects of Ms. Spears’ case is that her court-appointed attorney – though in a different role than the attorney who petitions for the conservatorship – didn’t or wasn’t able to seek termination years ago, as Ms. Spears claims to have wanted.
- Lesson Five: Steer clear of misinformation. Even before Britney Spears’ case made headlines, misinformation about conservatorships was becoming rampant. From a Netflix horror movie to tabloid-like stories missing important context, the media and entertainment landscape featured many confusing and misleading conservatorship narratives. The addition of #FreeBritney news has and continues to deter an increasing number of families from pursuing conservatorships even when they’re badly needed and potentially lifesaving. I do my best to explain to such families that while no system is perfect, the one in place to protect conservatees works exceedingly well the vast majority of the time.
It’s only natural to marvel at the dramatic course of events surrounding Ms. Spears’ case and even become enthralled by the news coverage, podcast discussions, documentaries, etc. – all dissecting the various developments. But families making difficult decisions about their loved ones suffering from mental illness might be better served by realistic lessons than mere entertainment punditry.
