How To Terminate a Guardianship or Conservatorship

Britney Spears is the most famous person currently under conservatorship in the State of California. Her story has shocked the world. How could an apparently fully functional talented and accomplished superstar still be under the tight control of a conservator? How can Britney and others like her gain their freedom? Every state is different but her are a few tips under the Michigan Law which may generally apply across the states.

In Michigan a conservator typically controls the finances of a person under its control whereas a guardianship controls the person such as their health and medical decision making. Different states might label these spheres of control differently. In Britney Spears’s case the conservator, her father, apparently has complete control over all aspects of her life.

In Michigan, the person under the guardianship or conservatorship has a right to a lawyer in the event that they object to the guardianship or conservatorship. A guardian ad litem may also be appointed to investigate whether the individual is truly in need of such an authority placed over their lives.

In Michigan, the person under the guardianship or conservatorship may move to terminate the guardianship or conservatorship by filing a petition to terminate. Generally an oral motion, as Britney Spears did in June 2021, is not enough. Furthermore typically an evidentiary hearing takes place where oral testimony is taken. Each side, the entity or person seeking to continue the guardianship/conservatorship and the person over which it is appointed, has a chance to advocate for their position. Unfortunately, until Britney Spears actually files such a motion, her heartfelt argument on the record is not enough.

If you are seeking to overturn a guardianship or conservatorship or believe it is in the best interests of the person over which you seek one to be placed to have one or continue in one contact Attorney Diana Mohyi. #freebritney

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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