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#FREEBRITNEY | Britney’s Gram Received Worrying Voicemail Regarding Britney


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4 minutes ago, alluvion said:

So, that happened today? Who was the petitioner?

I don't know, it could be anyone, there's a lot of people listed as "Petitioner" on Britney's case, but this means it will probably be virtual as last hearing, or at least some people will still appear only virtually instead of going physically to the court

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https://www.aclu.org/news/disability-rights/how-conservatorship-threatens-britney-spears-civil-rights/?initms_aff=nat&initms_chan=soc&utm_medium=soc&initms=200820_britney_blog_tw&utm_source=tw&utm_campaign=britney&utm_content=200820_disabilityrights_blog&ms_aff=nat&ms_chan=soc&ms=200820_britney_blog_tw

This new article by the ACLU talks about a very specific point I always end up arguing with people about, people that use the excuse that she needed help at the time, but fail to realize that there were many other ways to help her before opting for a conservatorship, and especially a conservatorship as extreme as hers:

 

 

Q: How do people get into conservatorships? How does conservatorship limit a person’s civil liberties/rights? 

Typically a conservatorship happens when somebody comes into court saying they think this person needs guardianship or conservatorship. Often, it can be the parents or relatives of a person with a disability, or sometimes it can happen after a school or doctor tells the parents that they should get a conservatorship. What’s especially dangerous about conservatorships is they are typically viewed as harmless, including by courts and judges who impose them routinely. This is part of society’s paternalism and infantilization of people with disabilities. But in fact, conservatorships are a serious and often permanent arrangement.  

Conservatorships limit a person’s civil liberties, which we at the ACLU of course view as a core concern. But beyond that, conservatorships don’t necessarily actually make people safer: They can result in financial, physical, or emotional abuse. 

 



Q: What laws or policies exist that protect someone from a conservatorship of this kind? What would the legal process to lift the conservatorship look like? 

Most state laws have some safeguards in place. In California for example, the court is supposed to consider which less restrictive alternatives to conservatorship have been tried before imposing a conservatorship. The judge should ask a person seeking conservatorship, “What else have you tried? Have you tried supported decision-making? Have you tried joint bank accounts or money management classes? Have you tried a system of text reminders to make sure  the person gets to their medical appointments?” And if the person seeking conservatorship hasn’t tried these options, the judge should deny the conservatorship. There should only be a conservatorship if these other options have been tried in good faith and really aren’t working. But in reality, conservatorships are often imposed even when other supports and alternatives might work.  

To lift a conservatorship, the laws are different state by state, but a conservatee can go to the court to say they want this changed or lifted, and the court should consider it. However, it's very difficult. Judges are very reluctant to lift conservatorships, and only the judge has the power to do so. You aren’t necessarily entitled to a lawyer to help you get out of a conservatorship either. And in many cases, it is virtually impossible for a person to access the courts, especially if their conservator doesn’t agree that the conservatorship should be lifted. How would the person — who cannot choose where they live or where they go or who they associate with — figure out how to get before a judge to challenge that they cannot make these decisions? It can be a Catch-22. As a general matter, it’s much easier to get into conservatorships than to get out of them. 

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1 minute ago, PokemonSpears said:

https://www.aclu.org/news/disability-rights/how-conservatorship-threatens-britney-spears-civil-rights/?initms_aff=nat&initms_chan=soc&utm_medium=soc&initms=200820_britney_blog_tw&utm_source=tw&utm_campaign=britney&utm_content=200820_disabilityrights_blog&ms_aff=nat&ms_chan=soc&ms=200820_britney_blog_tw

This new article by the ACLU talks about a very specific point I always end up arguing with people about, people that use the excuse that she needed help at the time, but fail to realize that there were many other ways to help her before opting for a conservatorship, and especially a conservatorship as extreme as hers:

 

 

Q: How do people get into conservatorships? How does conservatorship limit a person’s civil liberties/rights? 

Typically a conservatorship happens when somebody comes into court saying they think this person needs guardianship or conservatorship. Often, it can be the parents or relatives of a person with a disability, or sometimes it can happen after a school or doctor tells the parents that they should get a conservatorship. What’s especially dangerous about conservatorships is they are typically viewed as harmless, including by courts and judges who impose them routinely. This is part of society’s paternalism and infantilization of people with disabilities. But in fact, conservatorships are a serious and often permanent arrangement.  

Conservatorships limit a person’s civil liberties, which we at the ACLU of course view as a core concern. But beyond that, conservatorships don’t necessarily actually make people safer: They can result in financial, physical, or emotional abuse. 

 



Q: What laws or policies exist that protect someone from a conservatorship of this kind? What would the legal process to lift the conservatorship look like? 

Most state laws have some safeguards in place. In California for example, the court is supposed to consider which less restrictive alternatives to conservatorship have been tried before imposing a conservatorship. The judge should ask a person seeking conservatorship, “What else have you tried? Have you tried supported decision-making? Have you tried joint bank accounts or money management classes? Have you tried a system of text reminders to make sure  the person gets to their medical appointments?” And if the person seeking conservatorship hasn’t tried these options, the judge should deny the conservatorship. There should only be a conservatorship if these other options have been tried in good faith and really aren’t working. But in reality, conservatorships are often imposed even when other supports and alternatives might work.  

To lift a conservatorship, the laws are different state by state, but a conservatee can go to the court to say they want this changed or lifted, and the court should consider it. However, it's very difficult. Judges are very reluctant to lift conservatorships, and only the judge has the power to do so. You aren’t necessarily entitled to a lawyer to help you get out of a conservatorship either. And in many cases, it is virtually impossible for a person to access the courts, especially if their conservator doesn’t agree that the conservatorship should be lifted. How would the person — who cannot choose where they live or where they go or who they associate with — figure out how to get before a judge to challenge that they cannot make these decisions? It can be a Catch-22. As a general matter, it’s much easier to get into conservatorships than to get out of them. 

This deserves its own post.

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