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Our Court of Protection team have been following the progress of the #FreeBritney movement since earlier this year.
On the 12 November, Judge Brenda Penny confirmed that the Conservatorship was to end effective immediately. This is the result that Britney had hoped for and means that she will resume control of decisions surrounding her health, welfare and financial affairs after 14 years under the legal arrangement known as the Conservatorship.
Whilst Jaime Spears (her father) was suspended as Conservator for Britney in September 2021, a professional was appointed in his place until the court had considered Britney’s case and have subsequently made this final decision.
Britney will now be able to start a new chapter of her life which includes getting married to her fiancé without having to obtain the approval of her conservators.
As with a Conservatorship, a Deputyship (which is the UK equivalent) is put in place to manage the affairs of a person who no longer has capacity to do so themselves. This may be as a result of a progressive disease such as dementia or may be due to suffering from a brain injury and/or a decline in mental health.
There may be times where a person loses capacity for a short period and the only option is for someone to step in and manage their affairs under a Deputyship. An example of this may be where a person is recovering from a brain injury or where they are detained under the Mental Health Act 1983 for a period of time. Once medical professionals are satisfied that they have regained capacity and are able to manage their affairs independently, an application can be made to the Court of Protection to discharge the Deputy.
November 22, 2021
Natalie is a Partner and Solicitors in the Court of Protection department.