Britney Spears' longstanding conservatorship with her father was suspended Wednesday. The dramatic case has many wondering how a conservatorship would work in their state.
A judge on Wednesday suspended Britney Spears' father from the conservatorship that has controlled the popstar's life and money for the last 13 years.
The decision came months after Britney Spears pleaded for her father, James Spears', removal in previous court hearings. Los Angeles Superior Court Judge Brenda Penny agreed with the petition to end the conservatorship saying the arrangement "reflects a toxic environment."
In Florida, a person, or "absentee," can be appointed a conservator if they are absent and serving in or with the Armed Forces with the United States, any resident in the state who disappears or dies, or any person who is mentally deranged, suffering from amnesia or another mental cause or are mentally incompetent.
A conservatorship is most often sought when a person has limited physical or mental capabilities who needs attention from another person or legal entity.
According to Chapter 747.02 of the Florida Legislature, the circuit court has jurisdiction to appoint a conservator of the estate of an absentee if there is a necessity for providing care for the property or estate of the person in need. For the sake of comparison, James Spears' controlled all of his daughter's life decisions, her estate, and had control over her finances.
After a hearing, if the court is satisfied that the person alleged to be an absentee is an absentee and it is necessary that a conservatorship be established, a conservator will then be appointed.
Before every conservator takes authority they take an oath that he or she will faithfully perform his or her duties as conservator and will render true accounts whenever required according to law and the oath is filed with the court.
At that point, the conservator gains all rights, powers and duties of a guardian of the property as established in Chapter 744 of Florida statutes.
In the event that a conservatorship is no longer necessary or the absentee wants to terminate the conservator, the person must sign a petition. The adult would need to hire an attorney after getting the courts to deem him or her competent to end the conservatorship, according to HG.org Legal Resources.
"This is difficult and may require a long period with a legal professional petitioning the court and submitting evidence of competence and awareness," the legal organization says.
