In recent weeks, music icon Britney Spears has dominated headlines as more and more details about her legal conservatorship come to light. In her emotional court hearing a few months ago, Britney spoke about the abusive nature of the legal arrangement, describing how every detail of her life —from her social media posts to the medications she was on — was managed by a ten-person panel headed by her father.
For more than a decade, Spears has had no control over her financial and personal affairs, instead having to rely on her father for permission to act. Among the many restrictions she was under, she was expressly forbidden from publicly discussing or speaking out against the conservatorship.
Conservatorships are normally reserved for individuals with diminished decision-making capacity, such as dementia patients. In 2008, Spears’ family petitioned the California legal system for a conservatorship in response to her alleged mental instability following Spears’ divorce. The controversy was about whether the arrangement should continue to exist and whether Spears’ father is guilty of conservatorship abuse.
(For a thorough explanation of the situation, the New Yorker has an excellent article.)
An alternative to conservatorships
Leaving aside the issues of whether or not Britney Spears’ conservatorship was or is an abuse of power, her story still serves as a cautionary tale about the downsides, dangers and complexities of court-appointed conservatorships and guardianships. Fortunately, a revocable living trust offers you control over when and how incapacity is determined and what steps should be taken afterward.
A revocable living trust allows you to leave the determination of your incapacity to individuals you trust, whether that is family members or independent, board-certified doctors. Should a determination of incapacity be made, your designated decision-making representative (or “agent”) can start acting immediately in your place and for your benefit without having to go through a potentially lengthy, complex and expensive court proceeding. A revocable living trust even offers you the ability to limit the powers of your decision-making representative, such as preventing them from giving away any of your assets.
Many people approach estate planning with the mindset of determining how their assets will be distributed upon their death. It’s worth bearing in mind, however, how useful and multifaceted a tool the revocable living trust is, especially in keeping decision-making up to you, instead of the courts. A trust can meet your needs and keep you away from a conservatorship situation that would be toxic.
What is unfolding in the Spears family doesn’t have to happen to you.
This issue’s column is written by Stephen Wood, Esq., Certified Specialist – Estate Planning, Trust & Probate Law, whose office is in Newbury Park.
