After Wednesday’s explosive hearing, in which Britney Spears voiced concerns about the 13-year guardianship hanging over her, many are left with more questions than answers after the pop star’s speech. In her testimony, Spears said publicly that she did not feel like she had “been heard at any level” the last time she addressed court in 2019.
Fox News spoke with three experienced and well-versed attorneys, who are not involved in the legal case, but provided some insight into what could happen with Spears’ guardianship given that the parties involved must now return to the drawing board and come to an agreement on what to do to move forward.
David Glass, Chartered Family Lawyer and Partner of Enenstein Law, also with a PhD. in clinical psychology, said he believed the judge presiding over the case was in a precarious position, as Spears declared his desire to dissolve the guardianship without having to prove his mental aptitude.
“She will not be able to end the guardianship on the sole basis of her statement to the court,” he said. “Britney is going to have to work with her lawyer and she is going to have to prepare a petition to end the guardianship, where with the help of her lawyer, she lays out all the reasons why she thinks it is unfair to be a part of a guardianship. “
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He added: “But even adding this step is probably not enough to get her out of there. I think she’s going to need a psychological assessment to show that she currently doesn’t have any mental illness that lasts. ‘will prevent taking care of herself or taking care of her money. And so it may be a problem for her because she has expressed that she does not want to have an evaluation. “
Meanwhile, attorney Harry Nelson, who is the founder and managing partner of Los Angeles-based Nelson Hardiman law firm, believes Spears “can – and most likely – end the guardianship simply by filing a petition to end it. and supporting the case she made to the judge [Brenda] Penny.”
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Nelson added that in his opinion, “the vast majority of guardianship are not terminated, simply because the retained person is severely disabled or elderly and is unable to meet a challenge once a guardianship is imposed. But maintained that “it is not unusual for someone who has made significant progress in their self-management to seek and obtain the lifting of guardianship.”
Asked how quickly the Trusteeship could be dissolved in the event that Justice Penny accepts Spears’ request if she chooses to submit a petition, Glass explained that given the case was so prevalent in the media, such matter could be settled as soon as possible. .
“It’s really a question of how fast the judge can schedule the hearings,” he explained. “So usually in old probate cases it can take six months to a year – that’s the slow timeline of this tribunal. I think the tribunal is feeling the pressure from all public opinion and everyone. the news articles and all that is going on. – and so the court basically said, “You guys get together, figure out when you can get back to court and I’ll make sure we find a date.” So it’s probably a three to six month process to go through the whole process and have her – if she proves what she needs to prove – release her from guardianship. “
Lawyer Peter Walzer, partner in family law Walzer Melcher, also weighed in on the case.
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“Perhaps [Wednesday’s] The hearing will allow all parties involved to reach an amicable settlement that will be acceptable to all parties, ”he said. “It is likely that the court will approve such a settlement if it offers protection to Britney and may be acceptable to Britney if it gives her a sense of freedom.”
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During her speech, the Grammy winner claimed that her father, Jamie Spears, “liked” the control he had over her as a curator.
James P. Spears, also known as Jamie, was made her daughter’s curator in 2008 after Spears was taken to hospital by ambulance for involuntary psychiatric evaluations – something the “Baby … One More Time” performer told court in 2019 that she saw it as a movement forced by the guardianship.
“I want changes and I want changes in the future,” Spears said in his speech in court. The star added that she did not want to be assessed to determine if she had regained her mental abilities.
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Spears also said that she is prevented from marrying and withdraw her contraceptive to have more children.
In response, Jamie’s attorney Vivian Thoreen made a brief statement at the hearing on his behalf after speaking to him during a recess.
“He is sorry to see his daughter suffer and suffer so much,” Thoreen said. “Mr. Spears loves his daughter and he misses her very much.”
Spears is currently on vacation in Hawaii with boyfriend Sam Asghari.