Freeing Brittney Spears from her Conservatorship
Leh
Meriwether: Welcome,
everyone. I'm Leh Meriwether and with me is Todd Orston. We are your co-host
for Divorce Team Radio, a show sponsored by the divorce and family law firm of
Meriwether & Tharp. Here you'll learn about divorce, family law, and from
time to time, even tips on how to save your marriage if it's in the middle of a
crisis. If you want to read more about us, you can always check us out online
at atlantadivorceteam.com.
Well,
Todd, I'm excited. We're going to cover a topic we have never covered before.
Todd Orston: Divorce in space. No? Zero
gravity divorce? Nothing?
Leh
Meriwether: A what?
Todd Orston: Zero gravity divorce? No?
Leh
Meriwether: Zero gravity
divorce?
Todd Orston: No? All right.
Leh
Meriwether: Not yet.
Todd Orston: Not yet. All right.
Leh
Meriwether: I think you're 50
years ahead of your job.
Todd Orston: I don't know. I was talking
to Elon. Elon, whatever, Mr. Musky, Musco, and yeah, it's coming. It's coming.
Leh
Meriwether: It's coming.
Todd Orston: All right.
Leh
Meriwether: Well, just you
know in 50 years when they have courtrooms out in space, they will reflect back
on, "Leh Meriwether predicted that under Divorce Team Radio."
Todd Orston: Wait a minute. What do you
mean Leh? I'm the one that brought it up?
Leh Meriwether: Well, I said when it was going to
happen.
Todd Orston: Oh, okay. All right. That's
fine. You get the credit?
Leh Meriwether: No. Well, you predicted that we
will have them in space. I just predicted the date.
Todd Orston: Well, you know what I
predict?
Leh
Meriwether: What?
Todd Orston: Zoom. I'll be doing some
video conferencing because at that point, I don't think I'm traveling to outer
space to handle a divorce.
Leh
Meriwether: No, but by then
they're going to have a pill that you can take and they'll be nanobots and
they'll keep you young.
Todd Orston: Yeah. All right. So now
let's get to what the show is already actually about.
Leh
Meriwether: It's actually
about nanobots.
Todd Orston: Ah, got it.
Leh
Meriwether: How they're going
to revolutionize medical procedures. No, just kidding. Now-
Todd Orston: So what is today's show
about?
Leh
Meriwether: I thought you
were the one who's telling me what we're talking about.
Todd Orston: Okay. Well, then I will
tell everyone. We're going to talk today about conservatorships. Yeah, that
wasn't real music. Conservatorships and why is that an issue right now. They've
been around for a long time and we'll explain. We're going to go into what a
conservatorship is. We're going to talk about it in the context of a very
famous conservatorship, Brittany Spears, and for 13 plus years, there has been
a conservatorship in place that managed her finances and business dealings and
what have you, and it has just been terminated and free Brittany and all these
other movements that were against it for so long. They had their day and
Britney is now free, but we're going to go into it.
Jokes
aside. We're going to go into it because it is an important tool. It's not one
that's talked about very often. So again, in the context of the Britney Spear's
conservatorship, we're going to try and explain what that is, what it means for
people if it's put into place it and, again, if you know someone where it might
be appropriate, just giving some information so you understand what it's all
about.
Leh
Meriwether: Yeah. In
conjunction with conservatorships, you have guardianships, and those are
becoming more and more a tool that's becoming used more and more for two
reasons. One, you have parents that are aging out or not aging out, they're
getting to an age where they're having trouble taking care of their finances or
even themselves. So a conservator supervises an individual's financial affairs
while a guardian protects the personal interests of another person, who's
incapable of caring for their own interests.
So
sometimes you have a guardian who's also appointed as a conservator. Sometimes
they may be separate people. Obviously, it's cheaper to have one person act in
both roles. Of course, it puts more work on that one person, but you also see
another thing that I'm aware of because of a rise in children that have autism
and certain special needs is you're going to see this when it comes to children
as they turn 18 and become adults, but really don't have the ability to care
for themselves or maybe in a few years they can, but when they age out, because
of their, I'm trying to think of the right word, it takes them a while longer.
There's
a developmental delay for whatever reason, whether it's autism or some other
special need. There's a developmental delay. So at 18, they're still not ready
to be out on their own. Maybe by 30 they are, so as a result, parents have to
do guardianships and conservatorships so they can care for the affairs of their
special needs children until, well, and I have friends that'll probably always
be that way. One of my neighbors, it's going to be always be that way for their
children. In other cases, as the children get older, they may eventually reach
a point where they can care for themselves.
Todd Orston: Right. It's not necessarily
a permanent thing. It can be terminated like in the Britney Spear's situation,
but let's start with defining conservatorship. So we've danced around what it
means, but, Leh, why don't you tell everyone what is a conservatorship?
Leh
Meriwether: Well, so a
conservatorship involves focusing on an individual's financial affairs. It can
include everything from paying their bills to making financial investments on
their behalf and using approved funds for those purposes and, of course, every
state has its own individual definition of it. I know that Georgia has a
slightly different definition than California. That's where the conservatorship
for Britney Spears was. I believe, we're not California attorneys, but just
reading from some of the information online, just the conservatorship is
legally defined as a court case where a judge appoints an individual or
organization called the conservator to care for someone who cannot care for
themselves or who cannot manage their own finances according to the judicial
branch of California.
Todd Orston: So very quickly, let me
ask. Is this somebody who is going to just be supervising how an individual
manages themselves or are we talking about somebody who is stepping in and
literally makes the call, that makes all the decisions relating to those
financial issues?
Leh
Meriwether: Well, as I
understand, they're making all the decisions as to financial issues for that
person. So in Britney's case, she was able of go out and perform at concerts
and that sort of thing, but when it came time to how much you might charge for
that concert or where that money goes or how that money is used to pay what
bills, that's controlled by the conservator, even when it comes to things like
child support because part of the reason at the same time this conservatorship
was being put in place, she was losing custody of her children because she did
have some serious mental issues several years ago. Was it 13 years ago?
Todd Orston: Yeah, about 13 or so.
Leh
Meriwether: Yeah. As a
result, the courts found that she shouldn't have primary care of her children.
So there was child support that had to be awarded as a result. So the
conservatorship once it's put in place takes care of paying that child support.
We actually covered, what was it? Federer? Is that his name?
Todd Orston: Yeah. Yeah.
Leh
Meriwether: A couple years
ago was asking for a-
Todd Orston: A big increase in child
support.
Leh
Meriwether: Yeah. Was it last
year?
Todd Orston: He could not survive
without 60,000 a month or something in child support.
Leh
Meriwether: Yeah. His
birthday parties were $40,000.
Todd Orston: Yeah. Yeah. Well, poor guy.
Leh
Meriwether: His birthday
parties, not the kid's, his birthday parties.
Todd Orston: I think he needs a hug.
That's what he needs or maybe a kick in the pants, but, all right. That was a
different show. So yeah. Look, we all read the stories. We all saw that
unraveling, right? Britney had some major issues and, Britney, not that you're
probably ever going to hear this, but if you do, I'm not throwing stones,
right? In family law, we deal with cases that involve mental illness all the
time. So whatever she was dealing with the problem and what makes her situation
different is simply she's Britney Spears. She was such a public figure, and so
when she melted down, it was public. Everyone watched it happen. The shaving of
the head, the attacking of a car, I think it was an umbrella, which, of course.
I mean, if I'm going to choose a weapon to attack a car, who wouldn't use an
umbrella?
Leh
Meriwether: That's what
penguin says.
Todd Orston: That's right. Exactly, but
jokes aside, she melted down and she was actually hospitalized against her will
and following that hospitalization, basically, this conservatorship was put in
place on a temporary basis, and then it was transitioned to a permanent
conservatorship. That's what we're talking about. At that point, she lost
complete control over her career and decisions relating to her finances, her
business, meaning her singing, her singing career, and it was all that power,
authority, whatever you want to call, was given over to a conservator who
happen to be her father.
So
part of what we're going to talk about today is not just what is a
conservatorship, but we want to talk about things that include when is it
appropriate to appoint, did she need one, and, basically, was the choice the
right choice for her.
Leh
Meriwether: We're going to
discuss all that when come back.
I
just wanted to let you know that if you ever want to listen to the show live,
you can listen at 1:00 AM on Monday mornings on WSB. So you can always check us
out there as well.
Todd Orston: Better than counting sheep,
I guess, right?
Leh
Meriwether: That's right.
Todd Orston: You can turn on the show
and we'll help you fall asleep.
Leh Meriwether: There you go.
Todd Orston: I'll talk very softly.
Leh
Meriwether: Welcome back
everyone. This is Leh and Todd, and we are your co-host for Divorce Team Radio,
a show sponsored by the divorce and family law firm of Meriwhether & Tharp.
If you want to read more about us, you can always check us out online at
atlantadivorceteam.com, and if you want to read a transcript of this show or go
back and listen to it again, you can find it at divorceteamradio.com or listen
to it wherever you get your podcast. Okay. Britney Spears, conservatorships,
very exciting stuff.
Todd Orston: I mean, if ever there was a
legal roller coaster, this case is it. I mean-
Leh
Meriwether: So tell me, what
led to the conservatorship? Well, we started touching on it, but let's continue
with that.
Todd Orston: All right. So she had that
2008, I believe, 2007-2008 meltdown. Clearly, and, obviously, we don't have
access to lawyers, doctors, whatever, to truly know her mental state at that
time, but it was enough that there was an involuntary commitment and she was
put into a hospital setting, and out of that was born this conservatorship.
Initially, well, not initially, I mean, at that time, her father, Jamie Spears,
was made the conservator and, actually, I think he was made a joint conservator
and there was supposed to be a kumbaya kind of he working with another
conservator to make all the decisions and share some of the responsibility.
Well,
depending on who you believe, now you fast forward a little bit. It was first
temporary, then it was made permanent, and dad managed everything, and he
really took control. So over the last 13 years, it's not just been motion after
motion by Britney and her team to terminate the conservatorship. A lot of the
fight, I mean, a lot of the fights had to do with just, "I just don't want
my dad. I'll be okay with somebody else," and the court a couple of times
said, "No. We're going to leave Jamie in place."
There
have been legal fights. I mean, when I say a roller coaster about court costs,
attorneys' fees, objections to the spending by Jamie Spears, where he was
spending something, it was like $16,000 a month in legal fees at one point. At
one point, he petitioned the court for 800 plus thousand dollars, but there was
criticism that 200 plus thousand of that was for PR work that was being done to
paint him in a good light in the public eye because there was so much negative
publicity.
So
it's like, yeah, at some point, I sit here and I read this and I'm going,
"This is so far beyond conservatorship." I mean, if there's a whole
PR campaign to keep him in place, and then if you balance that against some of
the stories, his position was over the years, "No one loves her more than
me. I am doing this out of love."
Leh
Meriwether: Tough love.
Todd Orston: Right. "She had major
issues. I helped bring her from debt to 60 million in value in terms of her
estate. I helped stabilize her so that she could get her kids or have access to
her children. I as her father did things because I love her and I want to help
her." I'm sure it has nothing to do with the financial benefit that he gets.
Anyway, putting that aside, Brittany's side then steps in and says, "Yeah,
except for the fact that it has been borderline, if not well over the border of
abusive."
So
over the years, and I'm not going to go into all the stories because as you can
probably imagine, there is story after story after story or relating to this.
So depending on which one you read, again, you're going to get a different
point of view, but you look at him saying, "I'm doing this because of
love," but he's also with a strong thumb in terms of control, just pushing
down, controlling all aspects where she says, "There were times I was sick
and he forced me to work. There were times when, whatever, decisions that were
made in terms of where to sing and who to hire a long-time manager stepped out,
he put somebody in place." Again, her point is, "He was doing that to
control me."
She
kept saying again and again, "I'm exhausted. I am exhausted that I'm
working so hard, paying people, meaning my singing, my career is employing all
these people, and yet I don't have any control over my estate or my spending. I
have to go to my father."
So
some of the efforts were to get rid of dad. Those failed. Then she pushed for
adding another conservator. This is going to be something we talk more about
because in addition to her father then, I'm going to refer to this person as a
professional conservator, a neutral party, not related to her, was put into
place. It's very interesting, their respective approaches, dad taking, like I
said, we're going to go into this more, but dad taking, "Hey, this is what
it is and it's going to be this way forever," kind of approach.
The
other, lack of better way of putting it, professional conservator, taking a,
"I'm approaching this because I would love to get her out of this
conservatorship. Let's see if she's healthy. Let's see if she's capable of
doing things on her own and if this conservatorship is necessary." So it's
a very different approach culminating in not very long ago. Okay?
November
12th, Britney Spear's conservatorship is terminated and the court basically
ruled. The court finds and determines that the conservatorship of the person
and the estate is no longer required. Therefore, effective today, it's hereby
terminated. So after 13 or so years, she is free of that conservatorship.
So
what I want to go into, of course, and what we're going to go into is not just
why was it put in place, but why did it last so long, and was that reasonable,
and also should the fight have taken so long just to change that conservator
with all the stories and allegations relating to the behavior of that
conservator.
Leh
Meriwether: I want to insert
some caution here. People will hear reports in different newspaper articles or
TMZ, that type of thing, about the abuse. It is really easy to judge someone
based upon the comments of another person without knowing all the information.
That's what courtrooms are for. While I have issues with our court system
sometimes, this is one of those examples where you cannot list. Let me take a
step back.
So
you have someone who undeniably has had mental issues in the past that resulted
in her children being taken away. She attacked a car with an umbrella of all
things. Even in the middle of this case, didn't she call 911? She had filed an
action with the court, but she called 911 to report herself a victim of
conservatorship abuse the day before her court?
Todd Orston: The day before court, and
if you read different stories about it, apparently, her own legal team was
frantic like, "Why would you do that? We're going to court to deal with
this issue tomorrow, and you're going to call the police to talk about an
accuse of abuse?" where I know that would've been a situation if we were
the attorneys, we'd be looking at her going, "What are you doing?"
Leh
Meriwether: Yes,
"Stop."
Todd Orston: "That's what tomorrow
is for. This makes you look, I don't know, crazy. Just stop."
Leh
Meriwether: So a lot of
times, and you and I as lawyers have seen it. Someone is not mentally stable
and they say things that in isolation you're like, "Wow! That sounds
horrible. You've been a victim of some horrible abuse," but it turns out
it's their mental instability that's literally creating that story.
I
had a case. So this was a divorce case, contested custody. Mom had lost it. I
get this nasty letter from posing counsel just saying how my client came inside
the house and started screaming at her client and yelling and threatening to
hit her in front of the child. I was like, "Wow! That sounds
terrible."
So
I immediately reached out to my client and said, "What's going on?"
He
said, "I was afraid this might happen. Let me share you the audio
recording. I started recording every time I talk to her because she was
becoming more and more unstable." Then you listened to it, and I kid you
not, she was yelling.
My
client was like, "Hey, keep your voice down. We don't want him to
hear."
"I
don't care."
It
was exactly the opposite of the story given to me by the opposing counsel.
Needless to say, as a strategy, we just responded with two sentences, "I
received your information, and after discussing with my client, we strongly
disagree with your client's version of the facts, and we would be more than
happy to discuss it with the judge in court," and we didn't even tell them
we had the audio recording. Planning on surprising them in court.
So
needless to say, my client won custody, but that's an example. The person
probably sound very reasonable to their lawyer, and then they wrote a really
nasty letter as a result. When we come back, we're going to continue to break
down why courts are so important in situations like these.
Todd Orston: Hey, everyone. You're
listening to our podcast, but you have alternatives. You have choices. You can
listen to us live also at 1:00 AM on Monday morning on WSB.
Leh
Meriwether: If you're
enjoying the show, we would love it if you could go rate us in iTunes or
wherever you may be listening to it. Give us a five star rating and tell us why
you like the show.
Welcome
back, everyone. This is Leh and Todd, and we are your co-host for Divorce Team
Radio, a show sponsored by the divorce and family law firm of Meriwhether &
Tharp. If you want to read more about us, you can always check us out online at
atlantadivorceteam.com, and if you want to read a transcript of this show, you
can find it at divorceteamradio.com.
Well,
today, we are pontificating on the conservatorship that was in place for
Britney Spears. Yes, we are just taking one potentially bad, maybe good case
and saying we need to change all the conservatorship laws because of it. No,
I'm just kidding.
Todd Orston: Not what we're saying, but-
Leh
Meriwether: Yeah. We are not
saying that.
Todd Orston: Yeah. It's one of those
things where this is so different than so many other or if not most
conservatorship situations because it's Britney Spears. Here, there are many
cases where a person needs and is appointed a conservator, but they are
borderline functioning, right? I mean, it's someone who can't hold a job, can't
basically take care of themselves. Maybe a guardian also is appointed, but the
conservator will come in to make sure that the limited funds are going to be
available and that the person doesn't just burn through them. That's not what
we're dealing with Britney's case. What we're dealing with here is-
Leh
Meriwether: Well, not now,
but-
Todd Orston: Not now, no, but my point
is even back then, I think it was appropriate.
Leh
Meriwether: Wasn't she
suffering from alcoholism, too?
Todd Orston: Yeah. I think there were
some substance abuse issues.
Leh
Meriwether: I literally think
she had gotten to the point because when all this stuff kicked in, she wasn't.
Well, let me take a step back. I don't really follow Britney. So this following
statement may be true. I mean, maybe it may not be true. Mine was under the
impression she wasn't performing at this point because of her breakdown.
Todd Orston: Yeah. By the way, your free
Britney T-shirt that you wear at work all the time tells a different story,
but, no. I'm not-
Leh
Meriwether: Got it on social
media.
Todd Orston: All right. I'm not saying
that it's not appropriate. What I'm saying is that Britney presents differently
than a lot of cases. Yes, she hit a rock bottom. I get it, but over this 13 or
so year period, she also reinvented herself, has a career. I mean, I can't even
imagine how hard it is, and granted they get paid for it. So very tiny violins
playing, but you know how hard it is to be a performer at that level where it's
show after show after show, city after city. There's a lot of work, all the
practice that goes into making sure that the show is good. So it's a lot of
work. Takes a lot of stability to be able to do it.
Leh
Meriwether: Did she want to
do all that stuff? Did she want to take a break? You said earlier her father
had turned ... She had a negative net worth and had built it up to what, 60
million or something like that?
Todd Orston: That's what he's saying,
right, and has a better relationship with kids now, and I'm not taking away
from the fact that appointing a conservator was necessary or not necessary. I
believe in her situation it was necessary. She had hit rock bottom. What I'm
saying and, basically, what we're talking about is, okay, but this is not a
normal situation. Over the next 13 years, she handled a career, right? She was
Britney Spears. She is Britney Spears. By that I mean not just the person, the
public figure, the entertainer, and did shows in Vegas, and did tours and
whatever, and that's a lot of work.
Yet,
a conservatorship is basically saying, "Yeah. You're in a place where
you're not really capable of making some basic decision, good decisions and,
therefore, we're going to need to appoint somebody to make those decisions for
you."
So
to your point earlier, where it's like someone has to step in because they're
almost not functioning and we need to safeguard limited funds to make sure that
they are cared for or children, child support is there. Here it's like,
"Okay, but she was also working her tail off," and that's one of her
complaints.
Leh
Meriwether: Right. So let's
take a step back and just talk about the overall purpose of a conservatorship
is so that someone can come step in when someone, whether a mental issue or
whatnot, cannot take care of their finances, just completely lacks the ability.
Now, that's different than someone who makes a lot of unwise choices. So people
might listen to this and go, "Gosh! My son just keeps buying stupid stuff.
He makes money and then goes out and buys a brand new car, and then he makes
some, and he gets a raise, and then he upgrades his car to the next fastest
car, and he's just in constant debt, and he has a negative net worth. Maybe I
need to do conservatorship for my son because he has a negative of net
worth."
No.
That's not what conservatorships are for. In that situation, he's just making
bad choices. So the question I think that Britney's lawyers are trying to argue
that, "Hey, look. Her dad may be right. Maybe she isn't the best at
managing her finances, but that should be her choice. She's an adult. She
shouldn't be forced to be under his thumb anymore."
Even
though his, well, I don't want to use that, that sounds bad, but under his
control, even though, let's assume for the sake of this conversation, that her
father was coming from a good place, that because of his management, she has a
high net worth, but for her own actions, she'd have a negative net worth, have
nothing to retire with, and could potentially be filing for bankruptcy any day,
but the point is shouldn't you have the freedom to go bankrupt then. I mean, otherwise,
people could come into courts all the time and say, "Hey, this person just
cannot manage their finances. I need to take over."
Todd Orston: Yeah. Let's just deal with,
and this is something that I've sort of complained about over the years, not
that I could do anything about it, but how many stories are there of
celebrities, whether they be athletes or musicians, that at one point are
riding high and you're thinking they are probably taking their helicopter just
to the supermarket? I mean, they don't go to the supermarket, but you know what
I'm saying that they just have so much money it's just a whole different world
and yet, they're broke, that they burned through their entire estate, that
somebody who at some point was very famous, made tons of money, and then you're
hearing that they have nothing. Okay?
They
don't all get conservators. I mean, to your earlier about just bad financial
decision making, if that were the case, I would venture a guess that probably
90% of the population of the world should probably have a conservator. Okay?
Leh Meriwether: You just look at everybody's
credit card debt probably.
Todd Orston: Right. So it's not about
and shouldn't be about just some bad decisions that you're making regarding
your finances. It should be truly connected to a mental health issue where
it's, "This person has no ability right now to take care of their own
finances and make good decisions, and if we don't put something in place,
someone in place to offer a level of management to prevent the horrible things
from happening, they're just going to blow through everything."
So
we see it coming as opposed to just a famous singer, another famous singer, who
basically just they buy cars and watches and trips and parties and they don't
get 60,000 a month in child support that they can fund it all. That person
doesn't get the conservator, but Britney who attacked a car with an umbrella
gets a conservator and can't get rid of it for 13 years. I understand the
argument. Also, to your point earlier, I don't know everything about this
situation. I don't know behind closed doors about medical diagnoses, about is
there this severe underlying mental health issue that was being used as the
basis to explain to a court, "This is why it can't go away yet."
Leh
Meriwether: Right, and there
could have been, I mean, it sounds like, again, I'm giving full faith and
credit to the court system, that there was evidence presented in court that
while she was fully capable of performing on stage, there was still something
else missing that would completely have inhibited or prevented her from
managing finances. Honestly, I can truly see that. I have seen. The reason I'm
somewhat aware of conservatorships and guardianships is because people have
come to me. Now, we don't handle these, personally. We don't handle these, at
least not currently, but people come to me because there are parents who you
meet and talk to, you think they're perfectly fine, but they have lost their
entire retirement because they did, I mean, just, and we're not talking about
just, they got conned so bad because they just didn't understand things.
So
I saw someone lose a half a million dollars in retirement or another one's
$7,000 or $50,000 and a 401(k) gone, and there should have been a
conservatorship in place with them, and it's such a fine line. I don't think I
could even explain it in this show the difference between being unwise and just
there needs to be a conservatorship.
When
we come back, we're going to continue to breakdown conservatorships and the
Britney Spears case.
Todd Orston: I just want let you know
that if you ever wanted to listen to the show live, you can listen at 1:00 AM
on Monday mornings on WSB. So you can always check us out there as well, better
than better like counting sheep, I guess, right?
Leh
Meriwether: That's right.
Todd Orston: You can turn on the show
and we'll help you fall asleep.
Leh
Meriwether: There you go.
Todd Orston: I'll talk very softly.
Leh
Meriwether: Welcome back,
everyone. This is Leh and Todd, and we are your co-host for Divorce Team Radio,
a show sponsored by the divorce and family law firm of Meriwhether & Tharp.
If you want to read more about us, you can always check us out online at
atlantadivorceteam.com, and if you want to read a transcript of this show, you
can find it at divorceteamradio.com.
Well,
today we're talking about Britney Spears and actually more specifically about
conservatorships and somewhat about guardianships. Well, Todd?
Todd Orston: Yeah. Yeah. I mean, look, I
know I joked about you having the free Britney T-shirt, but it's a real thing,
right? I mean, there were-
Leh
Meriwether: I really don't
have one.
Todd Orston: No, no, no. I know. I know.
I actually think I want one. I may go online and try and find one. It might be
a collector item at some point, but look. The fact that there is a fan base
that was ready, willing, and able to get vocal about their belief that she
should be freed from this conservatorship, that's great. I mean, I'm glad that
there were people there to support, but as a lawyer, I will tell you, and maybe
it's just my personality, our personality, I always go into a room saying,
"If I wasn't there, I may not know everything I need to know."
I've
seen attorneys and I've seen other are parties where they make allegations and
I've had situations where an attorney will jump in and go, "Well, this is
what happened," and I'm like, "Were you there? No, you weren't
because my client is saying something completely different, and you're talking
as if you literally were right there."
So
free Brittany, I get it, but the problem with the movement is we don't know
what's exactly going on behind closed doors. We don't know what medical
diagnoses are. We don't maybe have all the facts we need to determine whether
or not it's appropriate in 2007- 2008, and whether it is still appropriate now.
Leh
Meriwether: Right, and
following up on that point, and I'm just going to vent for just a minute.
Nothing irritates me more than to hear a politician, any politician, I don't
care if they're libertarian or Democrat or Republican, hear one case and go,
"Oh," or they hear the rumors or they read something on TMZ and go,
"You know what? We need to change the law because this just doesn't seem
right."
I'm
like, "Wait a minute. First off, you don't know anything about the case.
Secondly, you're a federal lawmaker. This is a state-by-state issue. Every
state, going back to rural public, and each individual states make laws
regarding how conservatorships work and guardianships." By the way, I
mean, if we haven't been clear so far, if you have a parent you're worried
about, reach out, call for a consultation with a lawyer in your state or,
actually, the state where your parent lives, and if you're caring for a child
you don't think can care for themselves once they turn 18, ahead of time, reach
out, talk to a lawyer, get a consultation, pay for a consultation, talk to them
about the circumstances of the case and see if a guardianship and/or
conservatorship is right for your circumstances.
Don't
listen to what you hear on TV or read in these celebrity articles, and don't
listen to our conversation about Britney Spears. Go talk to a local lawyer
about, when I say local it's got to be in the state where the person's
residing, and find out about the laws there, see if perhaps there is something
you can do to protect someone because I think it sounds pretty clear that
Britney needed help at the very beginning. I don't think there's a whole lot of
dispute about that or argument about that.
So
the argument was whether it should keep going forward and/or whether her father
should have been in charge, but he may have even saved her life or saved her
monetarily speaking, and it's not a permanent thing, but don't hesitate. Pick
up the phone and schedule a consultation.
Like
I said in the last segment, I have seen people lose their entire retirement
because they just shouldn't have been caring for their finances anymore, and
had the child stepped in earlier, and nobody's at fault except for the parent
at the end of the day, the person who lost the money, but had there been a
conservatorship in place, it never would've happened.
Todd Orston: Right. Again, we're talking
about situations where someone has a disability, meaning not disability in the
medical sense, but an inability to make good decisions because everyone, I
mean, that's what I was saying before. Too many people make bad financial
decisions. So if we were to put a conservator in place for every one of those,
that doesn't make sense, just like it doesn't make sense to your point about
politicians jumping in and saying, "There ought to be a law." Well,
there are laws, and that's the federal government coming into try and outlaw
hammers because one person used a hammer to hit somebody with.
Leh
Meriwether: Right. Exactly.
Todd Orston: It's like, "No, no. We
have laws and you're not supposed to hit people, but hammers are good
things."
Leh
Meriwether: That person who
hit the person with a hammer is going to go to jail.
Todd Orston: That's right.
Leh
Meriwether: There's law
already in place. Just let the court system process that crime. So in this
case, we don't know if her father really did the things she claims or is that
because of whatever mental instability it was there at one point. Is her
version of the facts not the facts? Let the court system play it out. If there
was abuse because I know here in Georgia there's actually a requirement, it's
in the law, that you account for all the money. You have to account for that
money. If he is not properly accounted for it, he can be penalized by the
court. He can find that he breached the conservatorship. Well, at least I'm
speaking for Georgia right now. He could potentially be found in breach of his
duties. There could be some financial consequences for that.
So
there's no reason to change the law from what I have heard. I have not heard of
any reason to change any law at this time because it has not finished going
through the court system. Sorry. That's my story.
Todd Orston: No, no. It's absolutely
valid. Look, that brings me to the point that I mentioned earlier, which is it
is my belief that it's not the tool that is broken. Conservatorships, I
believe, are a necessary tool, but was her father the right person for the job?
Was her father the right person to remain in that position over the span of the
conservatorship? Okay? His position being, "I did everything out of
love," but you can't ignore the fact that a lot of money went to him. Many
of the fights, the legal fights, if you read, there were fights over hundreds
of thousands of dollars in legal fees for his team. There were fights where he
tried to prohibit and prevent her from building up her own legal team to stop
money flowing for her to spend on because it would cost too much money.
There
were fights over the appointment of a neutral conservator. So the bottom line
is it became to me very interesting. When you look at her father's position of
almost like, "She's never going to get better. So let me just keep
managing everything. Britney, you go sing, okay? We're going to keep building
this estate," as opposed to once the court put this second neutral
conservator and that conservator's position was one of, "I'm trying to do
things to determine if she is going to be able to do this on her own. How long
will a conservatorship be required?" That's very, very different.
Clearly,
November 12th or whatever I said, November 12th, the court agreed and finally
said, "You know what? It's time. It is time. She's doing all these things
on her own. You know what? Maybe it's time. Let's see if she sinks her
swims," because it can't be the court's responsibility just to make sure
that the Spears' estate has millions of dollars at the end because there are
plenty, plenty, plenty of people where they should have a lot of money at the
end of their career and they don't.
Leh Meriwether: Right, but they had the freedom to
make those choices, whether their good choices or bad choices.
Todd Orston: That's right.
Leh
Meriwether: I like your point
that the conservators are so important. I didn't even know there was
professional licensed conservators. I wonder if that's a California thing and
not a Georgia thing. Anyways, I think the problem with her father is that he
could get to a point where his love, I'm going to, again, try to give him the
benefit of the doubt, became a hindrance to Britney's freedom. At the end of
the day, his love was blinding him saying, "Look, I'm doing this for your
best interest. I want you to have as much money in your pocket as
possible," but she was at a good place, mentally speaking, and that she
should be allowed to make bad choices. Period. He wasn't wanting to let her do
that.
Todd Orston: Yup. I understand if it's a
mental health issue and if there is support there where you can rely on
evidence that, "Look, it's a mental health issue. It's an inability to
properly manage her estate." That's one thing, but if she is managing her
mental health and there's no evidence that she's just going to start beating
cars with umbrellas again, then I would tend to agree with the court's decision
to say, It's time to stand on your own."
Leh
Meriwether: Well, everyone, I
hope you enjoyed our discussion about conservatorships, and we barely touched
on guardianships, and the Britney Spears case. Thank you so much for listening.