When Britney was just 18 years old, she exploded onto the music scene with “Baby One More Time”, eventually selling 25 million albums she became one of the biggest stars of the 2000s, with a massive media following, hundreds of workers and collaborators, generated millions of dollars in revenues, and performing in venues around the world. Over the last 20 years, Britney was awarded 8 Grammy nominations and 21 Billboard Music Award nominations, becoming one of the world’s most recognized celebrities.
Yet, just eight years after her first successful album, she involuntarily became the ward of her father, who would act as her “guardian” for the next 13 years. Britney was stripped of all decision-making under this court-ordered guardianship. Yet, while the courts determined that she was not legally competent to change her cellphone plan without the written permission of her father, she managed to put out a dozen albums, manage 4 road tours, star in a four-year residency in Las Vegas, and star in an additional 17 promotional tours.
That’s an impressive resume for anyone! It’s hard to imagine that ANYONE who has been declared mentally incompetent could accomplish these feats. It makes you wonder if America’s process of taking away a person’s ability to make decisions might be a bit… flawed?
Of course, Britney had some very public breakdowns. There are excellent reasons to restrict a person’s rights… for a short period… when they have a breakdown. But taking away a person’s decision-making for 15 years, without any reassessment, doesn’t make any sense. Many young adults have emotional breakdowns, yet few do (or should) lose the right to make all decisions. However, few young Americans have tens of millions of dollars in revenue. Perhaps, just perhaps, money makes a difference.
The practice of courts creating a Conservatorship (which appoints a guardian) is deeply intertwined with the history of women, especially wealthy older women. Back in the early 20th century, women who outlived their husbands would often inherit a business and other assets. If they had no previous experience managing money (and even if they did), other members of the family would often challenge their ability to make business decisions… or any decisions. The older a widow becomes, the more likely that challenges to decisions will succeed. Consider the following…
- 1.5 million Americans have a guardian, removing their right to make decisions on their own.
- Twice as many women (65%) as men have guardians.
- Age, dementia, and Alzheimer’s are common justifications for a conservatorship.
- 10 million Americans are simply old enough to justify having a guardian appointed.
- Other individuals may have a conservatorship at an earlier age.
- 10% of Americans have a close family member born with an intellectual disability.
- 2.5 million individuals experience Traumatic Brain Injuries every year.
- Many Americans plan their retirement long before they are 60. Fewer prepare a plan in case they are disabled or intellectually incapacitated.
Every day America’s population gets older. The number of children born with Autism has tripled in the last 20 years. Ironically, improvements in healthcare that allow us to survive injuries that would have been fatal, can also leave us with significantly impaired capabilities. Consider the 2.5 million traumatic brain injuries Americans suffer every year. After “recovery”, we may still have a significant loss of memory or mental function. Risks to our mental health are on the rise. So… shouldn’t we be more interested in how an impaired mental state could lead to a loss of our rights?
In the end, Britney’s rights were restored. But that struggle took years and the support of millions of fans. You or I, or anyone who is not a multi-millionaire global celebrity, might not have the same happy outcome. This is why Supportive Decision Making is rising in importance. Instead of an invasive and all-encompassing guardianship, you get now recieve very specific decision support, for the areas it’s needed.
For example, a grandparent may provide a child with a trust fund for college so that the child can become a doctor with an Ivy League degree. The child may not want to (or may not be capable of) managing the money. Especially if the parents expect a very specific and undeviating educational journey. A person with an intellectual disability may be financially capable of buying a house but may have difficulty managing the stress and details of buying a house and planning the move. But that same individual is capable of staying in school, working in a job, and otherwise looking after themselves.
Britney Spears’ case has raised public awareness of how easily our rights to make a decision can be removed, and how hard it can be to have them restored. Most of the people reading this will at some point in their life either need to deal with a close relative’s (parent, spouse, child) need for a guardian or decision support, or will themselves need such support. My advice is that now is the time to consider these issues… while you still have the right to make a decision.
What do you think? Have you ever been involved in a conservativeship or guardianship? What was your experience? What do you think needs to change? Let us know!