There is no doubt you have seen the media, but conservatorship battles aren’t just something we see in the far away celebrity world.

A lot of the time, people set up their Wills without appointing an Enduring Power of Attorney or a Medical Treatment Decision Maker. It seems that we care more about our assets and what happens to them after we die, rather than what will happen to our assets (and ourselves!) while we are still alive but no longer have decision making capacity.

If you do not appoint an Enduring Power of Attorney (financial and personal) or a medical treatment decision maker then your spouse or next of kin will usually take on this role. If you do not have a spouse or a next of kin (or if your family members dispute over who should be your guardian and administrator), then VCAT proceedings will need to be initiated for a guardianship and administration order to be made.

Britney Spears’ Conservatorship

As a result of mental health issues in 2008, Jamie Spears (the father of Britney) was granted a conservatorship over Britney Spears. Jamie Spears was granted the equivalent of a financial and personal attorney and medical treatment decision maker (or rather, a guardian and administrator) for Britney Spears.

Jamie Spears has retained control over his daughter for the past 13 years. Britney Spears is now fighting to remove her father from the conservatorship so that she can make her own financial, personal, and medical decisions. Britney Spears has alleged that her father has made questionable decisions on her behalf and that she does not agree with those decisions, nor does she wish to be under his control any longer.

To break free from a court-appointed conservatorship is much easier said than done. In theory it has been placed as ‘protection’ so the appointed person is not taken advantage of or because they are not capable of making sound decisions for themselves. Though placed for self protection, from 2009 to 2018, Britney has been performing, recording albums, and paying those in charge of her finances. For this conservatorship to be lifted, Britney needs to demonstrate that it is no longer necessary and that she is capable of managing her own affairs.

What this means for you

If you do not appoint your own attorney and medical treatment decision maker, one will effectively be appointed for you. It is important that the person making your financial and medical decisions is a person that you can trust and is someone that will act in your best interests. Otherwise, you may be left in a position, similar to that of Britney Spears, whereby you (or members of your family) must fight to have a new guardian or administrator appointed.

To ensure that you are in control of who makes your financial and medical decisions, set up a time to discuss your needs with the team in the Wills & Estates division at Merton Lawyers.

Talk to a member of our team

Author, Anna Pitchouguina.