#FreeBritney? Conservatorship Drama Sheds Light on Complicated System

June 28, 2021Media Mention

Probate, Trusts, & Estates Litigation Chair, Benny Roshan, provided insight to WealthManagement.com regarding Britney Spears' conservatorship. Benny describes the conservatorship as unusual because it involves a younger adult who possibly has the capacity to manage her own affairs. 


Though “we can’t know what was discussed between her and her attorney, the California Probate Code provides a clear path for terminating a conservatorship, and nowhere in the statute is there a requirement that a psychiatric evaluation is a precondition of termination,” says Benazeer “Benny” Roshan, partner and chair, Trusts and Probate Litigation Group at Greenberg Glusker in Los Angeles.

“The conservatorship here is unusual in that we are dealing with a much younger adult who appears to have the potential to regain the capacity to manage her own personal and financial affairs. This may very well be a case of changed circumstances requiring modification of the existing boundaries of a conservatorship or wholesale termination of it,” says Roshan.

“It is clear that Ms. Spears’ statement had an impact on the court and certainly set the wheels in motion for asking the very important question of whether or not the conservatorship should be terminated. On a broader scale, this conservatorship has the potential to create very important precedent with regard to younger adults who may need to be temporarily conserved on account of mental health issues that, even if chronic, may not justify a life-long and uber-restrictive conservatorship,” she adds

Read the full article here