Law Brief: Alexis Gruttadauria and Rich Schoenstein Discuss Why You Need an Estate Plan
Because this writer is now of “that age” and the topic of senior mental infirmity seems to be a focal point of the 2024 Presidential race, I have been watching a podcast about powers of attorney and their cousins the...more
Saturday evening’s television line-up included a story about former NFL tackle Michael Oher. His story was a 2009 feature film called The Blind Side that earned more than $300 million. The sum of the story is that Oher was...more
In each instance where we write about the domestic problems of the rich and famous we try to note that their resources make their lives and their choices inherently different. Last year we covered the Costner divorce and the...more
From Britney Spears to Michael Oher, conservatorships have been a hot topic lately. There are many questions surrounding when a conservatorship or guardianship is appropriate and how that is determined. The words...more
Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more
I wanted to start this essay by reference to history and so I grabbed my bedside copy of Sir William Blackstone’s Commentaries on the Laws of England (1765) to show that guardianship had ancient traditions. In one sense the...more
What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so? For a Guardian serving under court ordered authority, the appointment process for a successor...more
There have been a few notable instances recently in pop culture that have shined a spotlight on conservatorships. As one might expect, the laws regarding conservatorships vary from state to state. Another type of individual...more
By now, most of us have seen the media coverage and are well aware of Britney Spears’ controversial conservatorship case. Spears became “the international face of a movement,” which, according to the Wolters Kluwer article...more
Assembly Bill 1194, approved by Governor Newsom on September 30, 2021, tightens oversight of California conservators, especially those licensed by the Professional Fiduciaries Bureau. The bill expands the duties of...more
Last Thursday, Britney Spears’ dad Jamie agreed to step down from his role in her conservatorship “when the time is right” after the Los Angeles judge hearing the case denied a request by Britney’s lawyers to remove him from...more
Britney Spears’s legal fight to wrest back control over her personal and financial affairs has flooded the issue of guardianship in Klieg lights. While a full guardianship may be necessary for many individuals who are...more
Many health care providers have dealt with guardianships, or conservatorships, in which courts appoint a guardian who serves as the decision maker for someone who isn’t capable of self-care or decisions, including medical,...more
I have been reading with a personal and professional interest the story of Britney Spears and her fight against her conservatorship. I join the many voices in commenting on a situation we all know little about personally, but...more
Britney Spears says so. After thirteen years of conservatorship, on June 23, 2021, Britney appeared remotely at her conservatorship hearing and relayed her emotional plea to the judge to terminate her conservatorship without...more
Probate courts and pop culture are an odd mix, but nothing is normal these days. First, there is the crime thriller “I Care A Lot” that portrays a ruthless, unethical court-appointed guardian and a son of one of the...more
The new Netflix movie, “I Care a Lot,” is truly terrifying. Like many thrillers this movie begins with a relatable premise and a relatable fear, in this case, it is the fear of dependance and exploitation. The film...more
Britney Spears has been making headlines lately, unfortunately not for her music but for her conservatorship. In 2008 Ms. Spears’ father was appointed conservator for her personal and financial decisions. In 2019 a...more
If you follow pop-star Britney Spears on social media, you’re well aware that her posts as of late seem like less album promoting and more like a cry for help. These posts have gotten the attention of her fans near and far,...more
(1) The Maricopa County Probate Courts Remain Open - Although things change daily, Maricopa County Courts remain open, subject to certain restrictions. You can find the most up to date Arizona court notices on our COVID-19...more
COVID-19 has changed our lives in so many ways. Social distancing and wearing masks at the grocery store have become the new normal. We are all doing our best to make sure our families are safe, which in many cases has...more