A Conservatorship Is Supposed to Be a Last Resort With an Exit Plan
Britney Spears lived under court control for 13 years, and the mismatch helped rewrite the rules.
Original Jurisdiction · The Making Of A Celebrity Litigator: Mathew RosengartA court order that lets one person control another person's money, food, dating life, and daily decisions is supposed to be rare, temporary, and always looking for a way out.
That is how Mathew Rosengart, a trial lawyer who took on pop star Britney Spears as a client in 2021, came to understand the conservatorship system. He said he learned that a conservatorship is meant as a last resort, largely for people with dementia or similar conditions who have no capacity to care for themselves. The person put in charge, called a conservator, handles either the money side, known as the estate, or the life side, known as the person, and is supposed to keep looking for an exit plan.
Spears had no such plan. She remained under a conservatorship for 13 years, without her own chosen lawyer and with tight limits on such ordinary choices as what to eat, whom to date, and how to spend her money. Rosengart said those restrictions raised basic civil liberties questions for him, including whether Spears would have been kept under control so long if she had been a man.
The case ended with the removal of her father as conservator and then the end of the conservatorship itself. Rosengart credits Spears, whose decision to speak out in court led to his hiring, with making that outcome possible.
California lawmakers then rewrote the rules. Gov. Gavin Newsom, the governor of California, signed legislation aimed at giving people under conservatorships, called conservatees, more voice in the process. Rosengart describes the goal as restoring what he calls the dignity of risk, the idea that adults should generally be allowed to make their own choices, even imperfect ones, rather than live indefinitely under someone else's supervision.
The change reflected the basic mismatch the case exposed. A system built for a last resort, with an exit always in view, had kept a working adult inside for more than a decade with no way out.
Questions people ask
What is the difference between a conservator of the person and a conservator of the estate?
A conservator of the person makes personal and health decisions, like housing, food, and medical care, while a conservator of the estate handles money, property, and contracts. Courts can appoint one person to do both jobs, or split them between different people.
What did California actually change after the Spears case?
California passed several bills after 2021 that made it easier for conservatees to choose their own lawyers, required courts to favor less restrictive alternatives, and tightened review of ongoing cases. Other states introduced similar proposals, and the issue also drew attention to elder abuse in guardianship systems.
What does the 'dignity of risk' mean?
It is the idea that adults with disabilities or age-related needs should still be allowed to take reasonable chances, like choosing where to live or how to spend money. Supporters argue that total protection can become total control, and that some freedom to fail is part of dignity.