Stuff You Should Know - Conservatorships: #freebritney
Episode Date: July 27, 2021Britney Spears has made a lot of noise lately in her bid to nullify her conservatorship. But what are they even? Listen in to find out! Learn more about your ad-choices at https://www.iheartpodcastne...twork.comSee omnystudio.com/listener for privacy information.
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Welcome to stuff you should know a production of I heart radio
Hey and welcome to the podcast I'm Josh Clark
There's Charles W. Chuck Bryant and there's guest producer who's actually a real producer to
Dave
Houston so guest producer in your mind means
ghost producer
No, I don't think he's dead. Are you dead Dave? Well, not a real producer. I don't know what's going on here
So he is the producer of short stuff, which is technically a spin-off of stuff you should know
But he's here sitting in for Jerry on stuff you should know which would make him a guest in this particular context, okay?
But enough about that. I was just saying all that to welcome everybody now. It's ruined forever
Sorry instead Chuck. I think that we should talk about
Conservatorships and before you say anything. Oh, no, no, no, no. Yeah. Are you saying inhale? Yeah, I understand
I think everybody who didn't realize what episode they were listening to just inhaled to
I searched high and low for something to
Relate this to in the real world. It could find like nothing
So this is probably gonna be a fairly boring dry episode on, you know
Legalities and the legal system with no no application to to real life and certainly no application to pop culture
whatsoever, so buckle up everybody. I guess I'm trying to say
Oops, you did it again. Oh, I happen to be wearing a Catholic schoolgirl skirt right now, too
Yeah, so this obviously came to me because of the Britney Spears situation. I
Don't know a lot about Britney Spears and didn't know a lot about her situation other than
loosely hearing about it in the news, but the more I
poked around
the more I was like man, this really
this really smacks of
Sort of the old days, you know, like your honor my wife or my daughter is crazy
And we need to do something about this and I use that terminology because that's that's kind of how it used to go back
In the day and sadly that kind of stuff still happens, right through things like conservatorships
And so it turns out that it's a pretty straightforward thing, but in her case
The waters are pretty muddy
Yeah, well, she's a really rare case
The only other person I can think of that even comes close to fitting the bill for this very rare type of
Conservatorship that Britney Spears has is Amanda Bynes who is another child star who kind of publicly
Melted down I guess you could put it and whose mother got her into conservatorship, which I think she's still under today
And bristles under it publicly, too
So most of the time when you're talking about conservatorships, which is basically one person
Legally having the ability and authority to make decisions on behalf of somebody else
Mm-hmm. You're talking about somebody who has gone into a coma
somebody who has had
Cognitive difficulties maybe for life
Somebody just suffering from Alzheimer's or something like that something like that much much more more often than not
It's something that's part of elder law a conservatorship it so it's really we it's rare weird
You can just say weird. It's very weird that Britney Spears very healthy with it
active
Like I think she's like 30 something's early 30s right now
No late 30s. I think she's 39
She that that she would be in a conservatorship, but she has she has been since she was 26 and
It may maybe she's coming out of it
No one can say for sure that it's kind of looked like well, of course
They're gonna let her out of it multiple times in the past, but it seems like from what I understand now
She might actually finally get out from under this conservatorship at this point. Who knows?
Yeah, so just a little quick background if you didn't know and not to get to in the weeds
But in 2008 Britney Spears had
What people have described online as a kind of a public meltdown
Her her family was worried about her
She was hospitalized for mental health issues twice
Twice a couple of times she famously shaved her head and was very aggressive with the paparazzi and you know
It's very easy for some people I guess in her family to say
Hey, she has some mental issues. She needs some help
Let me step in and establish a conservatorship, but it's also easy as an outsider to look back now and say
Hey, she went through some stuff
The paparazzi is awful and terrible and what might you do in that situation and
Maybe she just needed a little assistance to get through a particular time in her life
And here we are in 2021 all these years later and she still has her father
basically in charge of the decisions of her life financially and with her health and
And in certain cases her career and she's she's trying to get him out of there
First and foremost as her conservator and also trying to get the conservatorship itself dissolved
Yeah, because I think one of the things that makes her case so gut-wrenching is that
Basically her worst enemy her father was put in charge of her life
Against her will and she's lived like that for 13 years
So, I mean we'll like we'll talk about how her case applies, you know
Throughout the episode for sure, but just to kind of like lay down the the the groundwork for what a conservatorship is
There apparently there's not one set legal definition like you could very easily just basically say it's where somebody's
Legally in charge of somebody else's decisions
Some states call it guardianship other states call it conservatorship
But the whole point of it is that somebody has been deemed
Unable to make good decisions for themselves to sometimes physically take care of themselves or
Maybe even both and so the court has been petitioned to
Kind of give someone else the ability to make those decisions to take care of that person
and the the point of it if you really if you take away the whole Britney Spears thing and any kind of
Skechiness that can kind of pervade this whole kind of this this this legal weirdness
It's kind of an act of love to step in and say this person is in really
Bad dire straits right now, and I will help them while they're going through this or possibly for the rest of their lives
I'm willing to take care of their needs and see to it that they're taking care of that's what it's supposed to be about it at base
Sure, and ideally that's how it goes down
There is not a lot of data about
conservatorships and how often they are petitioned to get
Uninstated
I think it's removed
Uninstated I like it too. It's great great word now. Okay. I just made up a new word every you could win boggle with that Chuck
And we'll get to the you know why that is a little bit later, but
When you petition a court what happens is there is an evaluation that the court orders of this
Person who is known as a conservative and the person in charge as the conservator
Mm-hmm, and there's an attorney appointed to represent them
And they hold a hearing and they decide whether or not this is something that they should move forward with there's an evaluation done
The person is allowed to speak on their behalf at this time
It's not the kind of thing where you can
Just be railroaded and I'm not exactly sure
The details of Britney Spears when that when it first happened as far as if she was like
Yeah, this is for the best right now or if she fought it in the beginning. No, I think she was
You're saying no, no to which one to the first that or that she was she was in favor of I'll tell you in a second
All right, well go ahead. You want me to tell you now? We have to wait a second any longer
Okay, I'll fill you in Chuck get that. I want some of the documentary, but I had other things to do
I saw the documentary too was
Surprisingly ho hum and totally one-sided. I thought it was really kind of gross in a lot of ways
But interesting for sure, but I also read a I read a really good New Yorker
article recent one from July 3rd
I think called Britney Spears conservative
conservatorship nightmare by Ronan Farrow and Gia Tolentino to
And it is just a moment by moment breakdown on well Britney's breakdown and then also like
How she ended up in it and from this and other sources. I saw that basically she was not informed
that she was being placed into conservatorship beforehand which from what I can tell is a
Gross violation of her rights in that sense and that she didn't have a chance to petition the court to basically say no
And then by the time she found out about it and tried to petition it
She was told that she was not in any kind of mental state to hire her own counsel
And so she had counsel appointed to her so she never had an evaluation
From so the judge in this case is now retired and she said that that is not true
Of course, she was evaluated and I talked to her and all that stuff
But the the the way that this is described is it was a ten-minute thing and it was they went in and as far like on the surface
The the her parents went in and petitioned the judge in ten minutes later the judge granted full
I guess temporary conservatorship
Without any any other formalities. That's how it that's how it is
You know on its face and then the judge is denying that there was any back room
Deals or anything made beforehand so it doesn't really make sense and it kind of stinks to high heaven in that respect
Yeah, what did she think was going on then who Brittany? Yeah
When she was evaluated
That's the thing. I don't know that she was evaluated. She had just undergone two fifty one fifties where the
The the basically the states of Van Halen's to not just one to she had a fifty one fifty in an OU 812
Oh, man, she she know so the fifty one fifties where somebody can basically say this person is is
Is mentally unstable right now?
They may be a harm to themselves or others and the the fire department comes and gets you and takes you off to a hospital
For you're kept against your will for
24 48 72 hours that happened to her twice and upon the second one her parents went and petitioned the court to
To grant them conservatorship and the court did I don't know anything about a an evaluation that actually took place as part of the
Conservatorship I get the impression that was like oh, she said two fifty one fifties. That's enough for me
Interesting by the way, we can't say that without shouting out listener Aaron Hagar. Oh, yeah, that's right
Rock on. We have to yeah totally
All right, so there are some different types of conservatorships
One is financial and they often work hand-in-hand and sometimes kind of have to
Financial obviously is when you are in charge of someone's finances
The conservatee themselves have autonomy, but they don't have financial autonomy
They can't you know go out and buy a house or rent a house or make any big purchases
Or maybe even any kind of purchases without the conservator sort of being there along the way saying it's fine
Yeah, and I think they also have like they generally have spending money. They're given an allowance, right?
So they'll have that at least but yeah for the big purchases. No way
physical is when their health and
Basically medical decisions their health and their life kind of everything is controlled by the conservator
I know I'm gonna mess it up at some point
Whether or not they want to go to a therapist or whether or not they want to have certain medications
supposedly they you know, you can't make someone take medication
Legally, but it again especially in her case it gets very murky with some of the charges
She's levied against her father as far as that stuff goes. Yeah
Yeah, and I mean on that in particular what I saw was that though the carrot in the stick that her father uses against her is
Visitation rights. Yeah her to see her kids brutal
That was definitely one thing that came through and a lot of stuff
I've been reading is that like she is super dedicated to her kids and they've been just kept from her for you know
They're basically their whole lives and that that was ultimately what really led to her meltdown
You know the popper I didn't help and you know just being a star
The divorce all of that stuff did not help
But that all it was you know
It's her kids that is really like that the dagger that just gets turned in her chest every time like she she had to like leave or
They had to leave
And that her father dangles that over her like if you don't do this if you don't sign this contract and do these performances
You know, I can't let you see the kids or whatever. So right that's apparently that's he gets a cut
He does he gets 1.5% of all new deals, too
Yeah, and she's made a lot of money in the past, you know years that she's been
Locked down right had a very successful Vegas run. She had a couple of big albums
She's been guest judges on a couple of the big competition shows
So she's not she's out there earning a lot of money still right for her and pops. Yeah
There's general conservatorships and that is when it's it's kind of everything and these are more common
It's kind of rare. It seems like for there to be
Only a physical conservatorship without being a financial
Because those things are probably kind of go hand-in-hand
So general is all-encompassing and then you have your limited conservatorship where it's
Usually this is a case where it may be like
Let's say an adult that's disabled in some way that still wants to have and can have
Autonomy physical autonomy and maybe hold down a job and have their own apartment
But there's just certain parts of their life that a conservator will handle
right so
The everything I saw is that limited is what you're ultimately going for when you're establishing a conservatorship
You want to you want to minimize the number of restrictions necessary to help the person through their life
While maximizing their individual liberties. Yes, so so when it goes down like it should yeah
And it's not supposed to be a one-size-fits-all like boom. This person has all control over them
It's like how much do you need? How much how much do they need to give up?
That's supposed to be the goal of a conservatorship hearing
Yeah, and then you've got sometimes their
They're
Categorized by their length you can have short term temporary or permanent with short term
Usually it's not more than a few months than 90 days and it's because of some thing that happened. It's an immediate need
These can sometimes go down without that formal hearing that we were talking about
Because it is short term and and you know capped off at a certain point
That is different than temporary though
temporary can
Turn into permanent. Yeah, whereas I don't think short term can yeah
I think temporary is where they're like, okay
This person may get better at some point, but we have no idea when but when they do get better
They're gonna want to have their life back. So let's just make this temporary short term is where I saw I saw that
It's frequently used for when somebody is going into like drug rehab or something like that
And they have like a lot of plates in the air or a lot of finances
Although one of the things that I saw is that finances are not supposed to be a
Reason for conservatorship, right? It's like to help. I'm afraid they'll spend all their money
Yes, that's supposed to not be a justification for conservatorship and the problem that I have
From the outside with Britney Spears conservatorship is that it seems to be a hundred percent predicated on that and it seems that way
That it's almost like the this poor this poor person her brand grew bigger than her and so to protect the brand from
potentially her, you know
Spending it into the ground or whatever. Yeah, they placed her in
Conservatorship so that she can't she can't make decisions about her own brand and then that's being kind of reflected on her own life
So she's being held hostage against well and also being forced to perform. It's one of the most bizarre things
I think that's ever happened in the legal system. It's been especially it's nuts that it's been ongoing for so long too and so public
Yeah, it's very interesting case
All right, let's take a break. Yay. Yay
All right, no nays Dave's not saying no. No, what if they've just piped in I was like, uh-huh. No, keep going keep going
I'm the conservator here
We'll be back right after this
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We know that Michael and a different hot sexy teen crush boy band or each week to guide you through life step by step
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If you want to know then you're in luck. Just listen up to Josh and Chuck
Stuff you should
So Chuck um, there was one other type of
conservatorship by duration that we didn't mention that is apparently pretty tick typical, which is permanent. Oh
Yeah, I mentioned that I guess I thought it was self-explanatory
No permanent
Go on. Well, it's permanent in
Spirit, but you can as we're seeing now file to have it removed or on I don't even know that word I coined earlier
Un reinstated
Well, I'm sorry re-uninstated. Yeah, I don't know either. So
non-instated
See the whole point of coining new words is you got to be able to use them at the you know drop of a hat
Yeah, but I mean you got to take some practice. You know what I'm saying? I know so the reason permanent though is
So typical and as far as conservatorships goes because most of the time when you end up in conservatorship. It's because
You you suffered some sort of very debilitating
Problem or you've had it your whole life like it's just it's it's a long-term issue that you're dealing with so you're this is a long-term
solution a permanent conservatorship
Right and that really ties hand-in-hand with kind of the next part about how to get one
It is usually almost always because of some sort of mental
incapacity of some form whether that's
Temporary or like you said earlier for a temporary like, you know
Someone's in an accident and they're in a coma
But they come out of the coma in two weeks and then you know work their way back to good health again
And they wake up and they're like Ricky Lake. We're engaged now
Really pulled that one out of some. Thank you. Thank you everyone. Thank you
Thank you
You know we mentioned stuff like dementia and Alzheimer's that is a very very common case
for conservatorships or if you have like you said from birth if you have some sort of
Permanent disability
No matter how that came about then that's you know, oftentimes like
Parents or some other family member just from the time you're a kid have that conservatorship
Yeah, and basically there's like a two-pronged test to applying a conservative conservatorship
I'm gonna say it correctly the first time one of these one of these times in this episode. I promise you can't even say conservative
No
That was great Chuck
So is the person unable to basically meet their own?
Basic needs like care for themselves feed themselves that kind of stuff
in which case there would be a
Conservatorship of the person where you can make like medical decisions for them, right?
Be living arrangements like decide if they're gonna live in a long-term care facility something like that or and or
Can they make decisions for themselves which are
Sound financially like can they understand the contract that they're signing?
Can they understand that if they you know by this house that they have to pay this amount of money or something like?
And if they can't do either or both of those things then a conservatorship might be just the thing to kind of help them
Make it through life, especially again if they have
Substantial wealth or if they are just totally unable to care for themselves
Yeah, and you know the the way this goes down ideally and I think more typically than what we're seeing in Britney Spears case is
You know medical records are presented. They're the probate or family court is handling this
the conservative tea is
either
Understands and goes along with it because they know it's for their own good or
Isn't you know is clearly not capable which is why they need the conservator to begin with
Mm-hmm of making these decisions and again, it's just super rare for this kind of case
Where someone is having something done
Seemingly against their will kind of from the get-go. Yeah, I mean like for the most for the most part if you're in a conservatorship
Like you might not even be conscious. You might have no idea that you're under conservatorship
Sure, you might not be able to work or hold down a job or remember to feed yourself
You're certainly not going on world tour and releasing four albums to which go platinum and then
Maintaining a Vegas residency and generating a hundred and thirty million dollars in income over, you know ten thirteen years something
Yeah, it just makes it's just so bizarre. It's so bizarre and I have to say also one other thing
I don't want to give the impression that I'm just like a like a hashtag free Britney person like I understand that those people have
Just the best intentions and my hat is off to them
But I also think it's very very wise to remember like we're seeing all this from the outside
Most of the court documents involved are sealed and so there's a lot of like tea leaf reading and trying to figure out
what's really going on here and
It's entirely possible that that this conservatorship has kind of helped Britney like the people who defend who have been involved and
Defend it say, you know
She had a couple million dollars left some of the worst people in the world surrounding her
Her money was going fast. Her brand was starting to go and now she's worth like 60 to 80 million dollars
She's back on top. She doesn't have a bunch of scummy people hanging around her
And then the scummy people are like no these people came in and wrestled control of Britney's own life and now they're in charge of her
And they're they're bilking her for money
So it's it's really impossible to tell who to trust at this point in time
So I think it's it's wise to at least keep something of an open mind
even if it seems totally on the surface like
This this pop star is being held prisoner in public, you know, well when you need those tealies read, you know, you get
Hold on. I don't know you get Ronan Farrow
That's right Frank Sinatra, Jr. That's right. No, he's junior junior, right? Oh
Well, I mean, I mean he's supposedly Woody Allen son, but
That's right, I mean, I'm not the first person. I mean, that's it's a it's a big thing online like yeah, yeah, sure
That's Frank's kid. Sure, but who knows supposedly not I don't know, okay
But we're just we're just hitting the celebrity beat all over the place
Do you remember kids beat on Nickelodeon? Yeah, see you next time
That popped into my head the other day out of nowhere, and I was like did I just make that up that was a thing though
Yeah, I don't remember anything but that catchphrase that sign here
Nothing else. Maybe we had a group hallucination. It's possible like the barren stain bears
Oh, yeah, that's right. What's that called?
Mandela fact. Yeah. All right, so
In her case in California in this house to forks article that we got a lot of this from highlights this
It is different in every state with with a lot of legalities like this
So it will differ depending on where you are
But in California, they have something called the Judicial Council of California's handbook for conservators where it does lay out about a dozen
rites of someone like Britney Spears
Which one of which is they can directly receive their salary. So supposedly she
Like it's not like the checks get written to Jamie Spears and he doles it out
Supposedly by law. She is receiving her salary still. Oh, that's not at all what I heard. Oh, really?
She has her living expenses met and they total about
$425,000 a year
So she has everything she wants, but she doesn't pay for anything herself. She says I need this
That doesn't mean that the check isn't made out in her name. Oh, no, no, no, no, absolutely
You're right. You're right, but the whole the whole her dad doling it out. That's it. That's a hundred percent true
Yeah, yeah, what I'm just saying is like the check doesn't come. I got a name. Yeah, no, it's all it's all in her name still
right
The right to receive calls and mail and see people
You can change your will
Legally you can get married. You can hire your own lawyer
Which was has been a big bone of contention with the Britney Spears case because she had this court-appointed lawyer for
Many many years until very recently when she was finally like can I at least hire my own person?
And they did allow that the whole free Britney crew has basically been like that that lawyer is chummy with her dad
Right. He's working for her dad rather than her, you know
So yeah, it may have been that's why at the beginning I was saying like she might finally be getting out from under this
Conservatorship because she has a new lawyer of her own choosing. There's a new sheriff in town. There is and everybody's running for the hills
What we're seeing play out now are another couple of things on the list the request
To either change conservators or end the conservatorship. They are allowed to vote
They're allowed to control their own
Allowance, but it doesn't you know that very clearly doesn't mean they're allowed to establish their own allowance
Yeah, or what the amount is or anything? Yeah
their medical decisions and business transactions are
should be under their control and
Was there one more?
So basically anything you're allowed to do at the at the beginning of it. Oh, right conservatorship. You should be able to throughout
There were a couple of things in there that that and that was I think California's rights, right? Yeah
So this is a California case. She's in there a California conservatorship. So all of those should very much apply to her
But she's said recently that like her father won't let her get married. He decides who she can date or not date
Yeah, and again, I don't think that's that's legal, but I think he can threaten like sure
Uh, uh, not just visitation like
restraining orders he can take out restraining orders in her name
against two mother he he deems
Like inappropriate and I guess can demonstrate to the court that this person might be a bad influence on her
And that that's probably how he has has been able to decide who she dates or doesn't date because she wants to marry a dude
Right now. She says and have more kids and the other big the really truly shocking revelation that she
She revealed recently is that she has an IUD that her father won't let her remove
Yeah, she can't have kids so her reproductive rights are being infringed upon under this conservatorship and that is a very big deal
Yeah, and again, this is the kind of stuff where
There's there's two two sides talking and we don't know the real truth on the inside
But at the very least like when an accusation like that big is levied
You have to as a I would think is the court have to look into that kind of thing
Yeah, and there there have been court-appointed investigators before and one of them I read concluded like she should probably not be under this conservatorship anymore
It wasn't like, you know, they joined the free britney crowd or anything like that, but like that was their report and their recommendation
But it's like you're saying, you know, we're seeing this from the outside so
Like the the people who who are on the inside in this conservatorship point out like, you know, she wasn't worth very much
Then and she's now so she's kind of thriving under this arrangement, which is apparently a way that
A conservatorship somebody could end up in a conservatorship for the rest of their life
Right thriving under the conservatorship and then conversely if you struggle under the conservatorship and have a really hard time
That can be used as evidence that you need to be under the conservatorship as well
So you kind of get this impression that it's like
If you're if you're like a with it person able to make your own decisions and you find yourself in a conservatorship
You probably feel like you're just totally out of your mind and just can't believe this is happening to you
It sounds nightmare right if if if it's like as bad as from what britney's saying it is, you know
Well, yeah, and I'm sure she's in a case where she's trying to establish something a little more nuanced like emotional well-being rather than
Like someone can a judge can say look at all this money you've made since this has happened and right
You know, it's there's a lot more to it than that though. It's to be a whole human
Well, that's another thing too though. So the original co-conservator along with jamie spears britney's father
Was a guy named andrew wallett and he was court appointed a terrible name for a conservator
Terrible like he should have just been like I can't be a conservator because of my last name
But he was andrew cod and he was for many many many years actually
and actually was under
under his conservatorship or co-conservatorship that she kind of like came back and started working again and
um started making money again
And I guess kind of thrived at least as a business
Um, and he was basically run out of the conservatorship on a rail because he asked for a salary toward the end of
$426,000 a year
Which is a lot of money
The thing is his point was like look if you're a conservator basically
Under normal circumstances, you're just kind of keeping up with somebody's quiet life one
One one every day person and their quiet life and their little finances and making sure they're taken care of
As as conservator britney spears estate. He was like running basically a
international
A business that had all these fingers and all these pots and he said most people who are in that position make
Millions of dollars a year. I'm asking for 426,000
So like that to me was a real reminder like oh, yeah, there's actually two sides of this coin
Like this is an unusual situation for anybody
Um, and it it kind of makes sense in in that respect
Although if you look at the normal amount that a conservator would would charge for their time
Um, he was asking for a lot actually
Yeah, and that's a good point as far as your obligation as conservator
you uh
And again put britney spears aside for a second and these ideal situations
They are genuinely taking care of these people meeting their daily needs and necessities
Making sure all their bills are paid and their checkbook is balanced and you know, they don't
Go in the whole financially
The big hooking point here though is is that if you're a financial conservator
You are not supposed to be
Using that person's money for your own benefit. Yeah, like you said you are allowed to take a
A salary and it says in this article somewhere between 40 and a hundred dollars per hour
Which means jamie spears
Uh is taking
a hundred dollars per hour at 40 hours a week because
He's getting sixteen thousand dollars a month
And that's that's what it comes to like the the basically the top rate at 40 hours per week
Right, which when you look at that, I mean if that he like you said though, he also gets a cut of her stuff
Um to play devil's advocate. He is
Taking a salary commiserate with what a conservator
Historically can take
Yeah, so the andrew wallet if you look at it from the from the perspective
Well, he's a conservator and not actually like running the business then he yeah
He'd have to work more than 80 hours a week 50 weeks a year at a hundred dollars an hour
But again, his point was this isn't a normal conservatorship. This is running the britney spears
In multinational enterprise for her benefit, you know
Yeah, and if you're the conservator you also, you know
You're gonna at some point probably have to answer to the court, especially in some case like this
So you got to have all your ducks in a row. You've got to keep receipts and you've got to have
A paper trail to kind of back up everything you can't just waltz in there and say like trust me everything's going fine
Um supposedly you're gonna have to have pretty robust records
For kind of every financial decision you're making on behalf of your
Conservatee, so that's ideally
Um now we reach the the reality and that's this is one good thing of britney spears
Uh conservatorship and all the the light she's shining on conservatorship abuse right now
Is like this is an issue in normal like non-celebrity society
Where people can get preyed upon by basically a professional conservator
Um and there was a general accounting office report that basically said
The states have no idea how many people how many of its citizens or residents are under conservatorship right now
How much money is being held in conservatorship right now?
They might have a good idea in some cases in other cases. They have no idea and as part of the report the gao
basically made up
Identities in like four different states around the country and applied for conservatorship
And they were granted in all four cases or all four states
Conservatorship to be to go out and be
A conservator to a stranger and take control of some strangers finances as part of like as their career
And the states didn't check their background didn't run their social security numbers didn't do a credit check didn't do anything
They just basically rubber stamped it like this person wants to be a conservator. There you go
You're a state licensed conservator now who can go take control of the finances of someone
Who's never even met you before and like in that respect. This is ripe for abuse
This is the kind of situation where a judge is morally obligated to
Give as much attention
to to each case
As needed to make sure a hundred and ten percent sure that the person under conservatorship is not being exploited
Is not being taken advantage of financially is not
Being kept. Uh, I think they call it isolated
medicated and liquidated
Um and and kept away from their family and their loved ones
It can be a nightmare
Unless the court is overseeing this properly and apparently in all cases they don't which is
Just unconscionable and judges who dropped the ball on that should be run out of town
Right into jail themselves
All right, well, let's take a break
Thanks, thanks for backing me up on that one
And uh, we'll be back right after this to talk about where how you can end these things
And some legislation that might could help as well right after this
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All right, so I mentioned before we get into how you can terminate this uh, this sort of dovetails what with your
Uh, with your great soapbox moment right before the break if I may say yeah, I remember
Uh, there is legislation as of um, about an hour and a half ago. I read this on new york times
Wait a minute. It was published an hour and a half or you just read it an hour and a half again
It was published an hour and a half. Wow. That is late breaking
First up, you should know this is super late breaking. Uh, two members of the house
Uh, cosponsored and you know, when you see these bills cosponsored on both sides of the aisles for these kind of smaller bills
That's when you know that government can work. Was it was it senator lance bass and senator joey fatone?
That's good. Thank you
cosponsors rep charlie christ a democrat of florida and nancy mace
republican from south carolina
legislation that uh, if they passed it would create
um a pathway for britney spears and other people
to replace their private guardian
Uh, or conservator. So it basically
um
It argues for more accountability. It argues, um, that um
That we need more data on this stuff like you were saying how like no one knows how much money is tied up in this
No one knows how many people are trying to get out of these. Yeah, there's just like it's it's shockingly, uh
I don't want to just say willy nilly because that's probably not fair, but
Understudied at least under deserved
Yeah, under observed for sure
so, uh
As of now in order to get out of a conservatorship you have to prove
Fraud or abuse that that is has occurred
To have that be replaced and this bill would kind of roll that back and say it doesn't necessarily have to be abuse or fraud
It could just be that they don't aren't comfortable with it
They are emotional well-being is not being met or whatever and just to make it a little bit easier to free someone up
From these conservatorships and so we'll see that was uh
There was one a few years ago in 2019 that didn't get
Beyond the house judiciary committee
But everyone's kind of thinking
With all this attention right now because of britney spears case that they might have a little momentum
To get something like that done. Oh, yeah big time like there's a it's called the free act by the way
Uh, I appreciate the acronym hashtag freedom
Now freedom and right to emancipate from exploitation act. Okay. All right. I I can respect like bend and over backwards a little bit to make that work
That was all right
I think chuck also one of the reasons why they um
They have aired to this point on the side of making it more difficult to remove a conservator
is because they've kind of um
There's like a
This maybe a
Suspicion that you know
You could have a fight or a falling out or something like that over something totally unrelated to the conservatorship
And you know the person could be now the person could be like that's it
You're not my conservator anymore. I want you out of my life or whatever and the person might be great as their conservator
And it might be a really good conservatorship
But it just you know, there was that that moment or that following out
So in that sense, it should be made difficult. But then on the other hand, it's like
Is that really the way we should be airing should we be airing toward?
You know away from the the rights and the the desires of the person who's whose life and responsibilities for their life has been taken away from them
Like shouldn't that shouldn't they at least have the right to choose?
Who's calling the shots for them? Who's making those decisions for them? And I think ultimately
I I kind of lean toward the the rights of the individual
Yeah, I mean it also makes you wonder about you know, if they're let's say there's no kids involved and it's a case of
um
someone abusing drugs or something like
It is an interesting slippery slope to think about whether an adult has a right
to throw their life away
Yes, and make bad decisions or whether or not it should be legal for someone to be able to step in and
Then save somebody it's like that's just really
I don't even know how I feel about it. It's just an interesting thought the experiment
I came across something called the the right to risk
Where basically it's exactly what you just said like everybody has the right to just blow it completely
including a fortune including fame including
um, you know
Alienating loved ones doing whatever you want to ruin your own life that you have that that right
But I think the law recognizes that there are some some mental states
That a person can can enter
to where
They wouldn't otherwise want to do those things and I think that's what the people under who are running
Brittany's conservatorship are saying that like Brittany isn't capable of
keeping people who would
Unduly influence her to to throw her life away
At bay. She can't keep those people at bay. She doesn't understand the documents as she's signing and then there's whispers and
or like hushed rumors of
Like no the real reason she'll probably be in a
Permanent conservatorship is because there's some diagnosed mental illness
That is just sealed because it's a medical record right and that that's kind of like what gets leaked out on the conservatorship side. So
um
I don't know. I I think having like a
An attorney that is of her choosing who's sharp that is working for her and her alone getting into this and really finding out
What's what and going into court?
Yeah, I think that that would be uh, that's a I think that'll be a really I'm interested to see what the outcome of that is
I don't see how that couldn't be a good step at least to have more
Investigation done by someone of her choosing. Yeah, because for years apparently
Her big problem was not with being under a conservatorship. It was her dad
being the conservator right and
So he was co-conservators with a couple of people and she apparently even was fine with one of them for a little while but then
Um, they resigned because she said she wasn't fine with them any longer
And then now it's just back to her dad being in total soul control
So I wonder if like if her dad is forced out and it's just strictly like lawyers and fiduciaries
Who are in charge of her conservatorship if she would be like, no, this is fine. I'm fine with this
I wonder yeah
It's gonna be interesting to see what happens with that and this legislation as they kind of go hand in hand. Absolutely
Do you got anything else?
I got nothing else. Uh, I do want to shout out
My pal babs gray
Barber gray and test barker are two comedians in LA and they
Were in that documentary and have championed britney's case for a while and they have a new podcast out
And it's called they had one called britney's gram britney's instagram the podcast
But now they have a new one called toxic
colon
and boy if we could get our new uh
colon barbershop quartet inserted there that'd be great
The britney spear story so that's getting a lot of its engine right now. Cool. Yeah, they're all over the place right now
So big ups big ups
If you want to know more about conservatorships and britney spears and uh, lance bass
Well, you can just start searching the internet and jump down that rabbit hole and see what happens
And since I said that it's time of course for listener mail
I'm gonna call this cool job that I never heard of this is from one of our irish friends. Oh, yeah, I love this one
Hey guys first things first. Thanks for a really great podcast
I've been listening every day since my first day as a delivery driver five years ago in dublin, ireland
It's been the week driving all over the country and you've been my companions
Uh last week I came across the episode jobs from a bygone era a classic
And I wanted to share with you a job my great grandfather did that definitely applies
He worked in dublin city as a knocker upper
And that was like wait what?
A knocker upper was a job that existed at a time after the industrial revolution
But before alarm clocks were widely available
Uh to the poorest that filled the factories with workers
Uh for a tiny weekly fee a knocker upper
Was employed to knock on doors or tap on windows
It's like a wake-up call in a hotel basically exactly
Uh, they usually used to pull or a long stick or bamboo to tap on the bedroom windows. There's great picks
Uh online of a famous lady in london using a pea shooter
Uh my great-grandfather though was an even rarer breed as he was known as a knocker uppers knocker upper
That's niche
He was employed by the other knocker uppers to wake them up. Wow
So they could go and wake up the customers all over the city
Eventually they were all put out of business when the country went electric
Cheap alarm clocks hit the market
But they were a snapshot in time and provided much needed service
Wanted to share this little bit of social history with you guys
After everything you've given me. I look forward to a live show in ireland
Sometime uh mic. We'd love to come back to ireland. We did did that show in uh, that was fun
Dublin and it was one of the best. Yeah. Yeah, that's that's a pretty great email mic. Thank you for that
Um, hey, I have a little anecdote about knocked up
About knocked up. Yeah, so when yumi was little she thought knocked up meant you were in trouble like you were grounded
Yeah, and um, it led to at least one case of hilarity with her dad
Asking where her friend was and yumi said, oh, she's knocked up. She can't come out
Her dad was like what she can't come out for nine months. This is like, yeah, this is like nine or ten years old
I think so. Wow, that's very good stuff. So, uh, thanks mic. Thanks little yumi
Uh, and thank you guys for listening and if you want to get in touch with us like mic did
You can send us an email to stuff podcast at iheartradio.com
Stuff you should know is a production of iheart radio for more podcasts my heart radio visit the iheart radio app
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Hey, i'm lance bass host of the new iheart podcast frosted tips with lance bass
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