The Britney Effect: Recognizing Conservatorship Abuse in Colorado

While many conservators act responsibly, conservatorship abuse occurs more often than most families expect and can be difficult to detect without court oversight. Conservatorships protect individuals who cannot make financial decisions for themselves. Unfortunately, all too often, individuals managing a conservatorship take advantage of their power.

This article examines the signs of conservatorship abuse, offers measures you can take to help a loved one who may be experiencing it, and discusses the efforts lawmakers are making to improve safeguards for vulnerable people.

When Britney Spears’ case was in the national spotlight, two U.S. Representatives took up the grassroots campaign called #FreeBritney. 

U.S. Reps. Charlie Crist (D-Fla.) and Nancy Mace (R-S.C.) introduced a bipartisan bill called the Freedom and Right to Emancipate from Exploitation Act, or the FREE Act. The legislation was also known as the Free Britney Act.

“Britney Spears’ conservatorship is a nightmare. If it can happen to her, it can happen to anyone,” Mace said in a statement released on her congressional webpage. “Conservatorships undoubtedly protect countless vulnerable Americans from abuse, but the case of Britney Spears reveals a darker side to a system meant to protect people.”

A public struggle with mental health issues prompted the conservatorship in 2008, and practically all aspects of her life were overseen by it through 2021.

Spears’ conservatorship gave two people, one being her father, total control of her finances and health decisions.

Britney Spears’ conservatorship ended in November 2021 after 13 years. A Superior Court Judge in Los Angeles County, California, said the conservatorship was no longer needed and terminated it. And although the FREE Act did not make its way into federal legislation, other states reformed laws surrounding conservatorships as a result of Britney Spears’ case:

• California: Courts must now explicitly state that a conservatorship is the least restrictive option available and consider alternatives, such as supported decision-making agreements, before approving one. The Judicial Council must also create programs in every Superior Court self-help center to educate the public about less restrictive options. For conservatorships involving individuals with grave disabilities, conservators seeking reappointment must confirm that they’ve explored all other alternatives and that none would adequately meet the person’s needs.

• New Jersey: Narrowed who may petition for a conservatorship, prioritizing close family members and limiting broad third-party filings.

• New Mexico: Established an independent review system to monitor conservatorships, including the authority to access and review bank records.

• Oregon: Guaranteed free legal representation for anyone placed under a conservatorship.

Similar Celebrity Cases

Amanda Bynes

Although this teen star did not seek to end her conservatorship as a direct result of Britney Spears’ case, California’s reformed laws ultimately paved the way for an easier path forward. In March 2022, a judge terminated the nine-year conservatorship that had given Bynes’ parents control over her personal and financial affairs. Unlike the Spears case, Amanda Bynes ended her conservatorship with the support of her parents.

Michael Oher

If you’ve seen the acclaimed movie ‘The Blindside’, chances are you’re familiar with the story of NFL player Michael Oher. In 2004, Michael Oher, a star high school football player, signed an agreement while living with a Memphis couple who had taken him in as colleges were recruiting. Despite being over the age of 18 and lacking any diagnosis of physical or psychological disability, the conservatorship was nonetheless approved. Oher claimed he thought the paperwork was for an adoption rather than a conservatorship, and he accused the couple of using his name and likeness for financial gain while falsely representing themselves as his adoptive parents. A Tennessee judge has since ended the conservatorship.

Wendy Williams

The notorious conservatorship case of Wendy Williams stands out because Williams agreed to her conservatorship after Wells Fargo Bank flagged her account for suspicion of financial exploitation in 2022. Williams, thinking the conservatorship would only cover her finances, was placed in a residential treatment facility against her will. She has sought to end the conservatorship. Williams' legal team overcame an earlier diagnosis of primary progressive aphasia and frontotemporal dementia, which were used to justify the continuation of her conservatorship.

Do you suspect conservatorship abuse? If you believe your loved one’s conservator is taking advantage of them, it’s important to seek help right away. Your loved one’s finances are there to help take care of them – not for someone to exploit. Contact us to schedule a consultation with one of our probate lawyers to explore your legal options.

When an individual becomes incapacitated and is unable to manage their finances, a court can order a conservatorship to protect their interests. In Colorado, conservatorships are limited to the management of a person’s financial estate. Personal, medical, and non-financial day-to-day decision-making authority is handled through a guardianship, which is a separate legal process.

Generally, these are elderly people or those who have become debilitated in some way. For instance, the court may appoint a conservator for someone whose dementia or mental illness has become so severe that it significantly affects their capacity to make sound decisions.

Private Conservators in Colorado

In Colorado, private conservators are very common and are governed by the Colorado Uniform Probate Code. Courts often appoint family members or close friends to fill this important role.

Although most conservators act in good faith, the structure of conservatorships can create opportunities for abuse if court oversight is inadequate.

In Colorado, conservatees – also known as protected persons – have the right to petition the court to terminate their conservatorship.

“On petition of a protected person, a conservator, or another person interested in a protected person’s welfare, the court may terminate the conservatorship if the protected person no longer meets the statutory requirements for the creation of a conservatorship.” C.R.S.A. § 15-14-431(3)

State law requires the court to review whether the oversight is still needed when it is petitioned to cease a conservatorship. If it’s not, the conservatorship must end.

“Unless it is proved by clear and convincing evidence that continuation of the conservatorship is still statutorily warranted and is still in the best interest of the protected person,” the court, by law, must terminate the conservatorship. C.R.S.A. § 15-14-431(4)

You must act as quickly as possible if you suspect your family member’s conservator is abusing their financial duty. Signs of abuse may not always be obvious. Common warning signs of conservatorship abuse can include:

• The conservator set up a charity in your loved one’s name.

• Financial gifts were made to your family member’s “new friend.”

• Your loved one is suddenly isolated from family and long-time friends.

• New professionals, like nurses, attorneys, and accountants, are brought in to help care for your loved one.

According to the Colorado Judicial Branch, “Any person concerned about the Protected Person’s [conservatee’s] financial situation, or any person who would be negatively affected if the Protected Person’s finances are not managed correctly, can ask the court to replace the current conservator.”

That means you do not need anyone’s permission before you ask the court to remove or assign a different conservator. The court will determine whether removal is in the protected person’s best interests. Having an attorney on your side can ensure you have an effective strategy to replace a bad conservator.

Conservatorships are often indefinite, lasting until the person recovers or passes away. A conservator gains full control over the conservatee’s finances, but this doesn’t automatically cancel an existing financial power of attorney unless the court says so. A financial power of attorney allows a chosen agent to handle tasks such as managing daily financial decisions. With a solid estate plan in place before incapacity, a conservatorship can often be avoided.

Duties of a Conservator

In an effort to prevent conservatorship abuse, Colorado courts require the conservator to report on the incapacitated person’s money. State law requires conservators to submit a financial plan within 90 days of their appointment. They must also provide an annual report detailing the protected person’s finances.

While conservators hold considerable power, there are limitations on the types of financial actions they can undertake. For instance, conservators must get court approval before they can sell a protected person’s home.

“(2) A conservator, acting reasonably and in an effort to accomplish the purpose of the appointment, and without further court authorization or confirmation, may: (a) Collect, hold, and retain assets of the estate, including assets in which the conservator has a personal interest and real property in another state, until the conservator considers that disposition of an asset should be made; …” C.R.S. § 15-14-425

A conservator of an incapacitated adult:

• is responsible for managing an incapacitated person’s property and financial affairs.

• handles tasks such as paying the incapacitated person’s bills, depositing checks, or maintaining their home if they’re living in a care facility.

• continues or participates in the operation of any business of which the incapacitated person has ownership.

A conservator of a minor:

• manages a minor child’s financial affairs.

• has a legal obligation to use and protect the minor child’s money in a fiscally responsible way.

• manages and invests assets appropriately.

As noted earlier, conservatorships tend to be indefinite in nature. Adult conservatorships terminate when the protected person passes away or the court determines it is no longer needed. For minors overseen by a conservatorship in Colorado, it generally ends when the child turns 21 years old unless the court orders an earlier termination.

Our Probate Team can help you create a strong case to present to the court if you suspect conservatorship abuse in Denver, Colorado Springs, or the surrounding metro areas. If the court finds abuse, the judge can order the unscrupulous conservator to pay back what they stole from your family member’s estate and even hand down other penalties. Call 303-688-0944 or set up your case assessment online with a member of our Probate Team.