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 Sculptures Light up Van Ness Avenue

New Sculptures Light up Van Ness Avenue By Luis “Loui” Apolonio Light sculpture at Van Ness Avenue and O'Farrell Street Spectators gathered both online and in person to watch new lighting sculptures on Van Ness turned on for the first time on March 31, 2022. The whimsical and brightly colored sculptures located on the new Van Ness BRT boarding platform between Geary and O’Farrell are made of steel with LED lights inside on a timer set to illuminate at night.  The lighting event was kicked off with SFMTA Director Jeff Tumlin and MTAB Chair Gwyneth Borden serving as emcees. Mary Chou, Director of Public Arts and Collections at the San Francisco Arts Commission, spoke about the art installation itself, as well as the process for selecting the artist who would be awarded the project. In addition, Maddy Ruvolo, a member of the SFMTA’s Accessible Services team and a recently appointed member of President Biden’s U.S. Access Board, shared the importance of having accessibility as a ...

Residents Overwhelmingly Support Slow Streets

Residents Overwhelmingly Support Slow Streets By Eillie Anzilotti After over a year of Slow Streets providing safe, low-volume corridors for people to walk, bike, play and travel during the pandemic, we’re excited to share our first comprehensive evaluation of the program . The key takeaway? San Franciscans are overwhelmingly in support of Slow Streets. Slow Streets are designed to limit through traffic on certain residential streets and allow them to be used as a shared roadway for people traveling by foot and by bicycle. Since introducing Slow Streets in April 2020 in response to the Mayor’s Emergency Health Order, SFMTA has designated around 30 corridors covering 47 miles of roadway as Slow Streets. The program has evolved from a critical component of San Francisco’s pandemic response and recovery to a potential new avenue to further the city and SFMTA’s goals around climate action and sustainable transportation. As the Slow Streets program has grown, we wanted to make sure we...

The Future of Slow Streets

The Future of Slow Streets By Eillie Anzilotti Over the past two years, Slow Streets have shown how simple designs that prioritize people can transform streets. Suddenly, streets across San Francisco filled with the sounds of kids playing and neighbors chatting. They filled with people on bicycles and people rolling in wheelchairs; with joggers and dog-walkers. The streets came to life. Initially, the SFMTA introduced Slow Streets as an emergency response to COVID-19. People needed space for recreating at a safe distance outdoors. And with Muni service reduced or suspended at the time, people needed ways to travel to essential destinations on foot or bike. To quickly meet these early pandemic needs, we implemented Slow Streets with simple signs and barricades. Over time, it became clear that Slow Streets served an even larger purpose. They became places for communities to come together. Neighbors organized events like scavenger hunts and Trick or Treat parties around their local Sl...

FOX NEWS: What is TikTok's 'Check Your Privilege' challenge?

What is TikTok's 'Check Your Privilege' challenge? Activists are calling for awareness and change following the death of George Floyd. via FOX NEWS https://ift.tt/3crYd00

New Muni Service Changes Start Saturday, August 19

New Muni Service Changes Start Saturday, August 19 By Clive Tsuma 28R 19th Avenue will run on weekdays between 7 a.m. and 7 p.m. starting Monday, August 21.  Back to School  With SFUSD students returning to school August 16, many families who rely on Muni to get to school will see service increase after school as part of the new schedule. Because Muni vehicles often become crowded during morning peak hours and sometimes pass up stops when there is not enough room for more riders, families are encouraged to plan their trips ahead of time and hop on Muni early to make sure students get to school on time.  With every public school in the San Francisco Unified School District being served by at least one Muni route , students can expect extra Muni service on the first day of the school this fall and continue providing service throughout the school year. While the Muni service changes won’t be implemented until August 19, school tripper service will be offered starting Au...

India records over 78,000 COVID-19 cases, 971 deaths in a day; tally crosses 36-lakh mark https://ift.tt/34ThXJT

India on Monday recorded as many as 78,512 new coronavirus cases and 971 deaths in the last 24 hours, according to Union health ministry data. India's Covid-19 tally crossed 36 lakh-mark with Maharashtra recording the highest number of cases. The total cases of coronavirus infections stand at 36,21,246 while the death toll climbed to 64,469 the data updated at 8 am showed. Out of these 27,74,802 cured/discharged/migrated, according to the health ministry.

Smarter Traffic Signals Prioritize Transit and People

Smarter Traffic Signals Prioritize Transit and People By Robert Lim Have you ever wondered how traffic signals could better balance the needs of all road users, whether driving, bicycling, walking or taking Muni? The SFMTA is rolling out its Connected Corridor Pilot this month to use transit platform and traffic signal sensor data to inform signal timing adjustments. The pilot also aims to collect information to support transit efficiency and street safety improvements.  Traffic engineers use signal timing adjustments as a tool to prioritize the flow of travel in specific directions or for different travel modes – Muni, people walking or driving – to meet the changing demands of the road network across different timepoints in a day. The Connected Corridors Pilot seeks to push the envelope of innovation by investing in advanced technologies, funded through a U.S. Department of Transportation (USDOT) grant. These tools will better position the city to serve the potential future ne...

Safer Intersections Project a Traffic Calming Success

Safer Intersections Project a Traffic Calming Success By Uyen Ngo This week the San Francisco Municipal Transportation Agency (SFMTA) released “ A Turn Toward Safety: The Safer Intersections Project ,” a report detailing the impact of the Left Turn Traffic Calming Project and the “Safety—It’s Your Turn” education campaign. The Safer Intersections Project now has tested traffic interventions that can reduce unsafe left turns. Overall, SFMTA found a 17% reduction in average speed (1.7mph slower) and a 71% reduction in the likelihood of a car turning left at higher speeds over 15mph at seven high-crash test intersections. In 2019, 40% of traffic deaths in San Francisco were caused when drivers made left turns and didn’t see the person in the crosswalk, until it was too late. To combat this trend, also seen in other cities, and encourage safer left turns and adoption of safer left turn behaviors, San Francisco’s multilayered project combined engineering treatments in seven high-crash ...

New top story from Time: TWICE Delivers Uplifting Performance of ‘DEPEND ON YOU’ at TIME100 Talks

https://ift.tt/3a8KgF0 TWICE delivered a special performance at the TIME100 Talks Friday. For the first time, the South Korean group performed the track “DEPEND ON YOU” from its latest album, Eyes Wide Open . As the coronavirus pandemic continues, members Jihyo, Nayeon, Momo, Sana, Mina, Dahyun, Chaeyoung and Tzuyu offered fans a message of solidarity and gratitude (vocalist Jeongyeon is on hiatus due to health reasons). “ Currently, we are sad to say that we are also aware that all of us are suffering in this situation,” Sana said. “We appreciate all people who are doing their best to return us to our normal lives and to bring back brighter days,” Nayeon continued. “TWICE will diligently keep on carrying out our duty to bring positive energy into the world,” Mina said. In line with these words, the group sang “DEPEND ON YOU”—a breezy, mellow track about steady hands that offer strength and support in the midst of darkness. “DEPEND ON YOU” first appeared on Eyes ...

Taking Muni to Bike San Francisco’s Iconic Rides

Taking Muni to Bike San Francisco’s Iconic Rides By Kate McCarthy Take your bike on Muni using the racks on the front of buses to access bike rides on the Great Highway, through Golden Gate Park and across the Golden Gate Bridge. Thousands of riders are expected to hop on a bike in May for National Bike Month and Bike to Wherever Day on Friday, May 20 . For people new to bicycling in San Francisco, using Muni buses to avoid our famous hills and reduce overall trip distances is a great way to get to iconic bike rides and scenic parks.   All Muni buses have bike racks on their front that can hold two or three bikes (only folding bicycles are allowed on Muni’s Metro trains and historic streetcars). Using the bike racks on Muni buses to transport your bike is easy! And, if you have questions while you are doing it, you can always ask the operator, who can assist you. Those looking to bicycle in parks, along the Great Highway, through Golden Gate Park or across the Golden Ga...