July 3, 2021

"There’s this concept of the dignity of risk. Most of us have a very wide range of bad choices we can make that society is O.K. with, but, in a conservatorship..."

"... you’re subject to the decision-making rubric of best interest. And it’s possible we’d all be better off if someone was making decisions for us like that, but those are not the values of the society we live in."

Said  Zoë Brennan-Krohn, an ACLU lawyer, quoted in "Britney Spears’s Conservatorship Nightmare/How the pop star’s father and a team of lawyers seized control of her life—and have held on to it for thirteen years" by By Ronan Farrow and Jia Tolentino (The New Yorker).

As conservatorship law is written, the court is required to determine that a conservatorship is—and remains—necessary. “In practice,” Zoë Brennan-Krohn, a disability-rights attorney for the American Civil Liberties Union, said, “this is absolutely not the case. What should be happening is that a judge at a reëvaluation hearing would ask, ‘What else have you tried? Why isn’t anything else working?’ And, if the conservator hasn’t shown that they’ve tried less restrictive options, the conservatorship should be suspended. But I’ve never heard of a judge asking that in any situation.”

3 comments:

Ann Althouse said...

John Henry writes:

Ronan is behind the curve. The co-conservators quit. Just the father now.

https://www.thesun.co.uk/tvandshowbiz/celebrities/15462021/britney-spears-bessemer-trust-quits-battle-jamie-hornets-nest/

Seems to me that Britney's problem is less the conservatorship per se than that her father is one.

If a conservatorship is legally necessary, why not make Bessemer sole conservator and fire the dad?

I haven't followed this much but Britney seems to be performing at a very high talent level. How crazy can she be? Perhaps she needs some help but she seems to be treated very badly.

Ann Althouse said...

rick writes:

"I think The New Yorker writers mean "...the court is required to determine IF a conservatorship is - and remains - necessary.""

Ann Althouse said...

To answer Rick... I think there's an implied "in order for the conservatorship to continue."