Never has the world been more aware of a conservatorship since the #FreeBritney campaign swept social media.
A conservatorship was first imposed on Britney in 2008 following a public mental health crisis. However, all eyes have been on the American starlet since the recent Framing Britney Spears documentary shone a light on the US legal arrangement like never before.
Last month she took to the stand in her battle against the conservatorship, calling on a judge to revoke her father Jamie Spears’ right to control her life and finances. Global outcry followed with people wondering if Britney is being stripped of her fundamental human rights.
But what is a conservatorship, and can you get one in the UK?
What is a conservatorship?
A conservatorship is an American legal concept in which a judge appoints a conservator to make decisions on behalf of an individual who is deemed incapable of making decisions for themselves.
It’s one of the harshest rulings in the US legal system so it’s important that it can only be imposed in very specific circumstances.
For a conservatorship to be granted it must be proven that the individual, known as a conservatee, can’t make medical, financial or day-to-day decisions due to physical or mental difficulties. It must be ruled that the person ‘lacks mental capacity’ to make these decisions.
It’s a complex arrangement with each state having its own rules on who can or can’t be subject to one.
The conservatorship eligibility in California, for example, is recognised as being strict. To be subject of a conservatorship in that state a person must be unable to make basic decisions regarding food, clothing, shelter or medical decision.
When it comes to financial responsibility, the person must be unable to manage their financial affairs or be able to resist undue influence – this means not being persuaded by others.
Do conservatorships exist in the UK?
Conservatorships do not exist in the UK but if someone is deemed incapable of caring for themselves or their finances, they could become subject to a deputyship.
Vulnerable adults in the UK are the responsibility of their local authority and are protected by the Care Act 2014.
Most people appoint a family member or a close friend as ‘power of attorney to look after their interests should they become too ill to take care of them personally.
That being said, if a person is deemed to have lost the capacity to handle personal and financial affairs and there is no power of attorney in place, a deputy will be appointed by the Court of Protection.
A deputyship can be temporary or permanent and the extent of the ruling and its effects will vary from person to person.
There are two types of deputy in the UK. This can be for personal welfare, relating to care and medical treatment, and financial and property affairs. The same deputy isn’t typically appointed for both.
By law, the deputy must always act in the interest of the person and take their wishes and feelings into account. And unlike in the US, the Court of Protection is more likely to grant the powers to a suitable professional with the experience to handle a person’s affairs.
What protections are in place for those in a deputyship?
Safeguards are in place to protect the person who is subject to the deputyship.
Deputies in England and Wales must adhere to strict rules as detailed in the Mental Capacity Act 2005. This protects the person’s basic rights and freedoms and ensures the deputy acts in the interest of the person.
A deputy is also required to provide an annual report to the Office of the Public Guardian explaining the decisions they have made – including explaining any expenses exceeding £500.
If concerns about a deputy’s conduct arise, they are monitored by the Office of the Public Guardian.
If you’re interested in finding out more about the rights you have about making a decision on someone’s behalf or asking someone to make decisions on your behalf, visit the government website.