Britney Spears Guardianship — removing your guardian
The conservatorship of Britney Spears is in the news again. You may have read some of our blogs on Britney Spears and Florida guardianships in the past. After all, Pankauski Hauser Lazarus is one of the few boutique litigation law firms that restricts its practice to Florida guardianship trials. Let’s discuss a very recent update on the guardianship of Britney Spears, first reported in the New York Times. ( February 9, 2021: Britney Spears Conservatorship Case Heads Back to Court). Why do Florida families care about the Britney Spears Guardianship?
What if Britney Spears Guardianship Was in Florida?
Some states refer to an adult guardianship as a “conservatorship.” In Florida, most probate divisions of the Circuit Courts exclusively handle all guardianships. And, remember, Florida guardianships are not just for minors or those people who are under 18. “For good or for ill, guardianship lawsuits have increased in the 25+ years that I’ve been admitted to practice law in Florida.” says John Pankauski, Managing Member of Pankauski Hauser Lazarus, a boutique guardianship and probate litigation law firm. Well if the Britney Spears Guardianship was in Florida and not California, the Florida Guardianship Code would apply.
Changing Your Guardian in the Guardianship Court
In Florida, the “guardianship court” is actually the Probate Division of the judicial circuit where the alleged incapacitated person, or “ward”, resides. Probate courts have exclusive jurisdiction over Florida estates, Florida guardianships and most of the time Florida trusts. In the case of the Britney Spears Guardianship, Ms. Spears wants to change who her guardian is. She does not want her father, Jamie Spears, being her conservator. “Guardianships in Florida are very serious and unlike most probate lawsuits” says Pankauski, who tries probate & guardianship cases for family members who don’t like a guardian, a trust or an executor. “After all, a guardianship court is being asked to remove or restrict someone’s civil liberties and human rights. That’s why our Florida guardianship judges take these trials and court hearings so seriously.” Pankauski explains that someone who is the subject of a conservatorship or guardianship can ask the court to change a guardian, to restore rights, to ask for more freedom or money. A guardian in Florida can be put in charge of all of your money and property, and make all your personal decisions. ….A chilling thought for those who don’t understand the process.