Skip to main content

New top story from Time: How Britney Spears’ Case Could Change the Future of Conservatorship

https://ift.tt/3qsSdMQ

When Britney Spears told a judge on Wednesday about her experience with her conservatorship—the legal arrangement that gave her father control over her finances and personal life—her words horrified the public.

“This conservatorship is doing me way more harm than good,” she said, detailing how her legal guardians have dictated where she lives, works and receives therapy, stopped her from seeing friends, forced her to take medication against her will and prevented her from having her IUD removed so she could try to get pregnant. “I deserve to have the same rights as anybody does by having a child, a family, any of those things.”
[time-brightcove not-tgx=”true”]

But while Spears’ speech was shocking for many listeners, disability rights lawyers and advocates say what she described is not unusual for many conservatorships in the United States, which are typically instituted for elderly adults, people with mental illnesses or those with intellectual or developmental disabilities. Spears is arguably the nation’s most high-profile conservatee, and people with disabilities who have been fighting to reform conservatorships for years now hope that the attention paid to her case can give momentum to the push to rethink the entire system.

“I’m really heartened by the support that people have shown her and the outrage that people express when they see what conservatorship has done to her life,” says Sam Crane, legal director at the Autistic Self Advocacy Network. “What I really hope is that people can go beyond advocating for her and start really advocating for broader reforms that will help ensure that other people don’t have to go through this either.”

“It’s supposed to be a last resort”

If the system was born of good intentions, in practice, it can become warped and strip people of their basic civil rights.

A conservatorship, also known as a guardianship, is a legal tool that puts a court-appointed guardian or “conservator” in charge of making decisions for another adult who is deemed incapable of managing their own affairs. “The idea of conservatorships and guardianships is supposed to be a protective mechanism to protect a person who cannot take care of their own basic needs,” says Zoe Brennan-Krohn, a staff attorney with the ACLU’s Disability Rights Project. There is limited data on conservatorships, but a National Council on Disability report estimates that at least 1.3 million Americans are under guardianship. Once people are under a conservatorship, there can be periodic reviews, but the process varies by state and there is little oversight.

Conservatees don’t have to lose all of their freedom. In California, for example, where Spears’ case is located, the system is supposed to favor limited conservatorships and give the conservator only those powers that a judge determines are truly necessary. This could mean someone only gets help with making financial decisions or has a guardian attend medical appointments, while retaining the rest of their autonomy. However, the National Council on Disability has found that most guardianships for people with disabilities go way beyond that and give all of the conservatee’s rights to the appointed conservator.

And once a guardianship is in place, it is incredibly difficult to end it. It can only be lifted by a court. Conservatees often lose access to their money, to their ability to sign a contract and in some cases even to the Internet. Their conservator might be the one hiring a lawyer for them, they might not be able to afford a lawyer, or in cases like Spears, the court can appoint a lawyer they didn’t choose. “It’s supposed to be a last resort because it’s so invasive. It’s supposed to be only if there’s nothing else that works,” Brennan-Krohn says. “But in reality, it’s very often the first resort.”

This is in large part because of the way society views people with disabilities, advocates and lawyers say. “It’s a cultural failure,” says Jonathan Martinis, senior director for law and policy at Syracuse University’s Burton Blatt Institute and a leading expert on alternatives to conservatorship. He notes that the idea of guardianship for people with disabilities goes back as far as the first codified laws in ancient Rome, and it’s been a fixture of western legal systems since then.

Assumptions that people with disabilities can’t take care of themselves can also lead to situations like Spears being denied the choice to remove her IUD and have another child. “There have been efforts to control the reproduction of people with disabilities, and especially women of color with disabilities, for a long time,” says Crane. “And it really was born from the eugenics movement.”

In 1927, the Supreme Court ruled in Buck v. Bell that it was constitutional for the state of Virginia to forcibly sterilize a “feeble minded woman” for the “welfare of society,” and this kind of practice continued for decades. States have stopped allowing this kind of sterilization, and most have extra protections before someone under conservatorship can be sterilized, but Crane argues that Spears’ forced IUD constitutes reproductive coercion and should fall under that category as well.

Some guardianships are abusive, as Spears has alleged, but disability rights advocates say there are serious problems with the system even when everyone is acting in good faith. This is especially an issue for young adults. Among those with intellectual and developmental disabilities, people ages 18-22 are the age group most likely to be under guardianship. Educators routinely recommend guardianship for teenagers leaving school, creating a “school-to-guardianship pipeline,” according to a 2019 report from the National Council on Disability. For other young adults, making mistakes and learning from those choices is part of growing up. But for people with disabilities, those mistakes can be used against them in guardianship hearings.

“One of the things that we’ve seen with guardianships really commonly is that when you don’t have the ability to steer decisions around your life, you’re not in the driver’s seat, you disengage,” says Crane. “So people don’t develop skills under guardianship, they actually lose skills under guardianship. And it keeps people trapped in the cycle where people are making decisions for them without consulting them.”

A new model of support

Increasingly, advocates are promoting the model of “supported decision making” instead of conservatorship.

Supported decision making is a process by which an individual builds a network of people who they trust to help them make decisions, instead of having a court designate people for them to manage their affairs. This can be done informally, codified in a notarized agreement, or in some states recognized by a court. In 2013, Martinis represented Jenny Hatch, a Virginia woman with Down syndrome who was suing to end her guardianship, and the case became the first trial in which a judge denied permanent guardianship in favor of supported decision making.

Since then, 12 states and Washington, D.C. have recognized supported decision making as an alternative to guardianship, and there are movements in most states to bolster the model, says Martinis. Guardianship laws have come a long way in recent years, and legislators in California and other states have introduced bills to strengthen the rights of those under conservatorships.

But advocates says there is still more work to be done to educate teachers, doctors, judges, and families of people with disabilities about steps to take before or instead of guardianship. People who need support could also designate a power of attorney, for instance, which transfers more limited authority, or work with experts like a financial manager before moving straight to guardianship. With so many people now focused on Spears’ situation, advocates are hopeful that the star’s wrenching testimony can serve as a call to action for others.

“Every time we shine a little bit of light, things get easier for everyone after that. Britney’s not just shining a light, she’s a huge spotlight,” says Martinis. “So maybe just maybe the conversation changes a little bit and the culture changes a little bit. And we say before guardianship, what else can we do?”

Comments

Popular posts from this blog

New top story from Time: ‘It’s a Catastrophe.’ Iranians Turn to Black Market for Vaccines as COVID-19 Deaths Hit New Highs

https://ift.tt/3AODY94 In January, Iranian Supreme Leader Ayatollah Ali Khamenei made the sudden announcement that American and British-made COVID-19 vaccines would be “forbidden” as they were “completely untrustworthy.” Almost nine months later, Iran is facing its worst surge in the virus to date — a record number of deaths and infections per day with nearly 4.2 million COVID-19 patients across the country , and a healthcare system near collapse. “It’s a catastrophe; and there is nothing we can do,” said an anesthesiology resident in one of Tehran’s public hospitals who due to the current surge is tasked to oversee the ICU ward for COVID-19 patients. “We can’t treat them nor help them; so all I can ask people to do is to stay home and do whatever it takes to not get exposed.” The doctor requested anonymity in order to speak freely; others interviewed by TIME asked to be identified only by their first name. [time-brightcove not-tgx=”true”] The scale of the crisis is such ...

BRT Service on Van Ness to Begin Tomorrow

BRT Service on Van Ness to Begin Tomorrow By Jiaying Yu Tomorrow, April 1, we will cut the ribbon on San Francisco’s first Bus Rapid Transit (BRT) corridor on Van Ness Avenue. The public is invited to join and celebrate this historic moment in front of the War Memorial. The ribbon-cutting will include speeches from local and state leaders, performances from local musicians and giveaways. After the ribbon is cut, there will be an inaugural ride on the new Van Ness BRT corridor to North Point where the celebration continues with live music.    BRT service on Van Ness is part of Muni’s Rapid Network, which prioritizes frequency and reliability for customers. Muni and Golden Gate Transit customers are expected to experience 32% shorter travel times. With dedicated transit lanes in the middle of the road, enhanced traffic signals with Transit Signal Priority and new platforms and shelters, the Van Ness BRT corridor will be the fastest way to travel north-south in this part of...

Ride to Chase Center Events Along the New T Third

Ride to Chase Center Events Along the New T Third By Christopher Ward Starting January 7, take the S Shuttle Mission Bay on the new T Third line via Central Subway to Chase Center events. Service on the new T Third Line from Chinatown Rose-Pak to Sunnydale starts January 7. With it , new event service to Chase Center will also start via Central Subway on the S Shuttle Mission Bay. During events at Chase Center, shuttles will operate between Chinatown-Rose Pak Station and UCSF/Chase Center every 10 minutes. These shuttles will start approximately two and a half hours before an event and continue for two and half hours after an event. From Chinatown to Chase Center, riding the S Shuttle Mission Bay takes about 20 minutes. Best of all, your Chase Center event ticket is your Muni fare. No additional Muni fare needed ! Both electronic and physical tickets for events – including Warriors games, concerts and other events – will serve as  proof of payment  for Muni serv...

Supreme Court to hear plea against UGC guidelines today as students oppose circular on final year exams https://ift.tt/30023ug

The Supreme Court on Monday is set to hear petitions challenging the UGC guidelines, which made it mandatory for universities to conduct their final year exams by September 30. The petitions would be heard by a three-judge bench of the top court, comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah. The plea was filed by 31 students across several universities in India. The students, in their petition, had challenged the UGC guidelines for being arbitrary as it would compel students to appear for exams amid the COVID-19 pandemic. 

Replacing Parking Meters with (Actual) Bike Parking

Replacing Parking Meters with (Actual) Bike Parking By Eillie Anzilotti Did you know you can submit a request for new bike parking? Anyone who rides a bike in San Francisco knows: A parking meter is not just a parking meter. Like street sign poles, meters are also a place to lock your bike when you’re out running errands and exploring the city.  As an agency, we’re working towards the goal of making bike racks and corrals available across the city, wherever people need them. In the meantime, we recognize that informal bike and scooter parking options, like parking meters, meet people’s needs.   So, when we announced a campaign last year to remove existing parking meters and replace them with pay stations, this brought up a question: what does this mean for bike parking?  We strive to install bike racks to replace parking options wherever meters are removed. Right now, our bike parking team is focused on identifying locations for new racks in high-demand areas ...

FOX NEWS: Intermittent fasting may cause muscle loss more than weight loss, study says Intermittent fasting might not be as healthy as some may have thought.

Intermittent fasting may cause muscle loss more than weight loss, study says Intermittent fasting might not be as healthy as some may have thought. via FOX NEWS https://ift.tt/2ShpJp3

New T Third Connecting Chinatown to Sunnydale Starts Saturday

New T Third Connecting Chinatown to Sunnydale Starts Saturday By Christopher Ward New Muni Metro map. This Saturday the T Third starts its long-awaited new route connecting Chinatown-Rose Pak Station from 4th & King in Central Subway, Mondays through Fridays, 6 a.m. to midnight every 10 minutes and Saturdays and Sundays, 8 a.m. to midnight every 12 minutes.   The K Ingleside will now travel between Balboa Park and Embarcadero Station. Customers using Embarcadero & Folsom, Embarcadero & Brannan and 2nd and King platforms should transfer to the N Judah at Powell Station or 4th & King. Watch the new Muni Metro service  map animations . The following bus service changes also start this Saturday: The T Third Bus will now run along 3rd and 4th Streets in SoMa and on Stockton Street north of Market Street to align with the new T Third rail line and will no longer travel on the Embarcadero and Market Street.   The 6 Haight/Parnassus  will now...

How To Navigate Transfers on the New T Third

How To Navigate Transfers on the New T Third By Mariana Maguire SFMTA Ambassadors are helping customers navigate the new Central Subway stations and Metro service changes. As we prepare for the start of new T Third service on Saturday, January 7, between Sunnydale and Chinatown-Rose Pak Station, here are some important travel tips to help you plan your new connections. New T Third service via Central Subway starts January 7 with service between Sunnydale and Chinatown-Rose Pak Station. For J Church, K Ingleside, M Ocean View Customers For stops along the Embarcadero and King Street including 2nd & King (Oracle Park) and 4th & King (Caltrain), take the N Judah. For service north to Chinatown-Rose Pak Station or south to Yerba/Buena Moscone Station, 4th & King streets (Caltrain), UCSF/Chase Center and beyond to Sunnydale, transfer at Powell Station to Union Square/Market Street Station and take the new T Third. The N Judah will also continue to serve 4th & King ...

FOX NEWS: Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list.

Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list. via FOX NEWS https://ift.tt/CFenBRh

New top story from Time: George Floyd Was ‘Terrified, Scared,’ Says Witness Who Recorded Derek Chauvin Kneeling on His Neck

https://ift.tt/3dcqgTi Darnella Frazier, the teenage witness who took the famous video of George Floyd being crushed into the ground by Minneapolis police officer Derek Chauvin on May 25, 2020, took the stand in Chauvin’s trial on Tuesday and described Floyd as a “man terrified, scared, begging for his life.” Frazier, who was 17 when the incident took place, was not shown on camera and only her voice was heard during her testimony. In the midst of her testimony, Frazier was soft-spoken and at times wept she when she recounted the events of that day. She told the prosecutor that on May 25, she was walking to the Cup Foods grocery store with her 9-year-old cousin to get some snacks. Outside the store, she saw Floyd on the ground with Chauvin on top of him and told her cousin to go inside the store so that the younger child would not see what was happening. “I heard George Floyd saying I can’t breathe, please get off of me. I can’t breathe. He cried for his mom. He was in ...