Why does Britney Spears have a conservatorship and what is the #FreeBritney movement?

a close up of Britney Spears who is governed by a conservatorship

Questions around why does Britney Spears have a conservatorship and why isn't she free to make her own decisions about her body, career and life have come to the fore in recent weeks thanks to the tireless campaigning of the #FreeBritney movement.

She's one of the biggest and best-selling female artists in the world. Yet for over a decade Britney Spears has been unable to make decisions for herself owing to a court agreement known as a conservatorship.

As the #FreeBritney movement gained mass support and international attention, the singer's troubled personal life has been thrown back into the spotlight as a result of various documentaries about her and her conservatorship, such as the New York Times documentary Framing Britney

Why does Britney Spears have a conservatorship?

Britney Spears was first placed under a conservatorship because her parents were concerned about her mental wellbeing.

In February 2008, Britney's father Jamie Spears applied for an emergency temporary conservatorship for his daughter.

Britney spear with her father Jamie Spears and her mother Lynn.

Jamie Spears (L) and his daughter Britney (second left) with Britney's mom Lynne (far right). (Credit: Getty)

A conservatorship is a court-ordered arrangement under US law that deems a person unfit to make important personal, professional and financial decisions for themselves. They are often granted where a person has dementia or other physical or mental disabilities which prevent them from making sound life decisions.

At the time, Britney was a patient at the UCLA medical centre and undergoing a three-day psychiatric evaluation. This was her second hospital visit that year, with Britney previously admitted on January 3 after refusing to return her two children to their father, ex-husband Kevin Federline.

This incident coupled with a series of public events which saw the singer shave her head and hit a photographer's car with an umbrella, sparked concern about her mental welfare.

LA Superior Court Commissioner Reva Goetz approved the temporary conservatorship, appointing Jamie Spears as his daughter's guardian. This was made up of two parts and gave him legal power over the star's health care (1. her person) and control of her estate (2. finances). Which Forbes Magazine (opens in new tab) estimated as $60 million in 2021.

As the conservatorship is a legally binding agreement, any changes must be addressed and approved by the court.

Is Britney still under conservatorship?

Yes, Britney is still under a conservatorship. This is despite efforts the star has made to remove her dad as her conservator.

In November 2020, a judge declined to completely remove Jamie Spears from the agreement and extended her father's financial conservatorship until September 2021. However, Britney's dad will now have to share his responsibilities with new co-conservator the Bessemer Trust. This was seen as a small win for the star, with the private finance firm chosen by Britney's lawyer Samuel Ingham.

In March this year Britney petitioned for care manager Jodi Montgomery to replace her dad permanently as her personal conservator. This would prevent Jamie from returning to manage her personal life, but would still see him remain in charge of her finances.

As part of the petition, Britney was required to give her view of the conservatorship - the first time she has publicly spoken about it in 13 years.

What has Britney said about her conservatorship?

Britney, who is dating Sam Asghari (opens in new tab), described her conservatorship as "abusive" in a 20-minute video appearance at the LA courthouse on 23 June 2021.

"I've lied and told the whole world I'm okay and I'm happy," she said addressing past Instagram posts. "I've been in denial. I've been in shock. I am traumatised. I'm not happy. I can't sleep. I'm so angry it's insane. And I'm depressed. I cry every day."

Britney said that she wanted to marry her long-term boyfriend Sam Asghari and have another baby. But that her conservator had stopped her removing her contraceptive device so she can't get pregnant.

"I feel ganged up on and I feel bullied and I feel left out and alone," she added. "I deserve to have the same rights as anybody does, by having a child, a family, any of those things."

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A photo posted by on

The 39-year-old also said that he been forced to take the drug lithium against her wishes which made her "feel drunk". Lithium is a medicine prescribed to those diagnosed with bipolar disorder.

Dad Jamie Spears responded to the claims via his legal team.

"He is sorry to see his daughter suffering and in so much pain," said his lawyer Vivian Thoreen in court. "Mr Spears loves his daughter, and he misses her very much."

Britney made it clear that she wanted the conservatorship to end, but no legal rulings have been made on the decision as yet.

What is the #FreeBritney movement?

#FreeBritney is a campaign by fans who are petitioning for her conservatorship to end.

The singer's followers believe Britney was forced into the arrangement in 2008 and is being kept in the conservatorship against her will.

#FreeBritney protestors outside an LA court

Credit: Getty

Organisers regularly assemble outside the court hearings to protest the situation. They have also caused the hashtag to go viral online and through social media. And have set up a change.org petition (opens in new tab) which has clocked up more than 150,000 signatures since it was created in 2019.

That particular petition claims: "Her father doesn’t allow her to drive, all of her calls & messages are monitored, she’s not allowed to vote, hang with anyone or spend her money without permission. And if she breaks a ‘rule’ he threatens to have her kids taken away."

Other #FreeBritney supporters have accused her dad of helping himself to her millions. Something Jamie Spears has vehemently denied.

He told Page Six (opens in new tab): "All these conspiracy theorists don’t know anything. It’s up to the court to decide what’s best for my daughter. It’s no one else’s business. I have to report every nickel and dime spent to the court every year. How the hell would I steal something?"

Another insider supported Jamie's claim, telling US Weekly "every staple, pen, storage rental, is accounted for." They added: "The idea that he is living this grand lifestyle at the expense of Britney’s health is laughable.”

According to the New York Times (opens in new tab), #FreeBritney started in 2009, when a Spears fan site, BreatheHeavy.com, launched a campaign to release Britney from the new conservatorship setup.

Several celebrities have thrown their support behind the movement, including Miley Cyrus and former friend Paris Hilton.

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Fellow singer Mariah Carey tweeted: "We love you Britney!!! Stay strong." Whilst ex-boyfriend Justin Timberlake said "No one should EVER be held against their will… or ever have to ask permission to access everything they’ve worked so hard for." He added that he sent his "absolute support to Britney during this time."

What's next in the legal proceedings? LA Circuit Judge Brenda Penny, who heard Britney's testimony, said she'll have to submit a petition officially requesting the termination of the conservatorship.

An investigator will also speak to her parents and the Bessemer Trust. These will then be presented to Judge Penny, who will make the final decision.

Another hearing is set for July 14th. According to an Associated Press report (opens in new tab), these legal proceedings are likely to go on for some time before any decision on ending the conservatorship will be made.