Free Britney: What is a Conservatorship?

By: Janice Dantes

 

As a long-time fan of Britney Spears and a lawyer who has handled Adult Guardianships here in Illinois, it is a complete travesty what has happened to her. No reasonable person would believe that a young, physically fit, incredibly talented woman who is a mother to two children can both earn millions of dollars and financially support her children and yet be unable to make healthcare and financial decisions. In Illinois, it is incredibly difficult to obtain a guardianship over someone. Below is an overview of the guardianship process.

1. What is a conservatorship (a.k.a guardianship)? A conservatorship is the term used in California to obtain the authority to make healthcare decisions, financial decisions, or both over a person who is unable to make these decisions for themselves. In Illinois, this is known as an Adult Guardianship. There are 2 types of guardianships: Guardianship of the Person (healthcare decisions) and Guardianship of the Estate (financial decisions).

2. How do you obtain a guardianship? It requires a Petition by a person over the age of 18 who is not convicted of a crime seeking to obtain a guardianship over an alleged disabled person. That proposed guardian must obtain a doctor’s report that the alleged disabled person (also known as the “Ward”) is unable to make healthcare and/ or financial decisions. The Ward must be served and instructed of their rights. Sometimes, a Guardian Ad Litem is appointed to investigate if a guardianship is appropriate.

3. Do you have to get a guardianship over someone who cannot make decisions for themselves? No, a person can execute a Power of Attorney for Healthcare to appoint an agent to make healthcare decisions should that person be unable to make those decisions for himself/ herself. A person can also execute a Power of Attorney for Property to appoint an agent to make financial decisions should that person be unable to make those decisions for himself/herself. If a person has executed their powers of attorney, that can be used in lieu of a guardianship.

4. When would you be determined to be unable to make decisions for yourself? Circumstances in which people are unable to make decisions for themselves include people who are comatose, suffering from severe dementia or Alzheimer’s disease, or are severely disabled from birth. Those unable to care for themselves are often elderly.

5. Can you terminate a guardianship? Yes, the process of terminating a guardianship is called restoration. The Ward may petition the court and have a hearing to demonstrate to the court that the guardianship is no longer needed. In my opinion, Britney Spears testimony shows that she is able to make decisions for herself and she should be allowed to terminate her conservatorship. The beauty of being in America is that we have the freedom to make our own decisions whether they are good or bad. If you have questions about the Adult Guardianship process, please call (312) 546-5077 or janice@pinaylaw.com. Thank you for reading. Until we meet again, love one another.