Inspired by Britney Spears’ current legal case, FREE Act would institute reforms to the conservatorship system
Is it likely to pass? Give me a sign.
Context
One of the best-selling music acts of all time, Britney Spears has attained 13 Billboard top-10 hits, including five that reached #1.
After a series of rehab stints and mental health issues in the mid-to-late 2000s, Spears was placed under a conservatorship. The legal arrangement gives control of a person’s affairs, including their finances and communications, to another person or group of people. Her particular arrangement was made permanent in October 2008.
Spears’ conservators, which include her father Jamie, have prevented her from owning her own cell phone and limiting her to a childlike “allowance.” At $2,000 per week that might be a bit more than the average American salary, yet still a small fraction of her estimated $60 million net worth — even as conservators such as Spears’ father have made millions from her.
In recent years, by virtually all accounts, Spears has experienced a complete turnaround in her personal life. Even the psychiatrist who provided the original declaration that Spears was unfit to manage her own affairs now says her conservatorship should be terminated. However, that’s easier said than done. Spears is currently trying to get out of the arrangement, as of yet to no avail.
What the bill does
The FREE (Freedom and Right to Emancipate from Exploitation) Act would institute several reforms to the existing conservatorship system, including:
- Require anybody under a conservatorship to have an independent caseworker assigned, who can keep an eye out for potential abuse. The bill would also appropriate $160 million in federal grants for states to hire such caseworkers.
- Mandate that all U.S. states submit an annual report about conservatorship. This would finally provide the exact number of conservatorships in the country and indicate whether it’s increasing, decreasing, or staying roughly level over time. The best current estimate, from the National Center for State Court, says there about 1.3 million adults under conservatorship with about $50 billion in assets.
- Require that both conservators and caseworkers disclose their finances, to prevent conflicts of interest with the person under their responsibility. This would presumably prevent Spears’ father Jamie from acting as her conservator, during which time he has siphoned off about $5 million from her, according to Forbes.
The bill wouldn’t eliminate the conservatorship system entirely, since there’s general agreement that it should still exist in some form for those with severe mental illness who are truly incompetent to handle their own affairs.
It was introduced in the House on July 20 as H.R. 4545, by Rep. Charlie Crist (D-FL13). Some media reports have erroneously referred to it as “the Free Britney Act,” but the word “Britney” does not appear to be in the actual title.
What supporters say
Supporters argue that the bill would make much-needed reforms to a system that they say has arguably needed adjustments for years or decades now, but largely flew under the radar until an A-list superstar brought it to the public’s attention.
“Abusive conservatorships can be an unending nightmare, and tragically we don’t know how many people are being held captive against their will under the broken guardianship system,” Rep. Crist said in a press release. “We do know, however, that we need federal safeguards to protect persons under guardianship from abuse and exploitation.”
The bill “would give persons under guardianship an escape hatch out of abusive guardianships, a caseworker to monitor for signs of abuse and advise them of their rights, and increased transparency because sunshine is the best disinfectant,” Rep. Crist continued. “Under the FREE Act, we would Free Britney along with the countless number of seniors and persons with disabilities being abused and exploited by the broken system.”
What opponents say
Opponents counter that the bill doesn’t go far enough.
“While we are heartened by the bipartisan effort to reform conservatorships and guardianships at the federal level, we do NOT support the FREE Act as proposed,” the Twitter account @FreeBritneyLA tweeted. “We cannot support legislation that empowers professional guardians. We were hopeful and remain hopeful that [the sponsors] will work with the #FreeBritney movement and reform advocates to amend the bill. Until that happens, we oppose the FREE Act.”
Rep. Crist himself seemed to acknowledge that the bill doesn’t go as far as he would like, but some policy sacrifices were necessary to improve its odds of enactment. “We’ve tried to be very smart and focused,” Rep. Crist told the New York Times. “That gives us a much greater opportunity to have success.”
Odds of passage
In addition to its Democratic lead sponsor, the bill was introduced alongside a Republican cosponsor from across the aisle: Rep. Nancy Mace (R-SC1). However, it had not yet attracted any other cosponsors since — perhaps surprising, considering the widespread bipartisan support for Spears’ case that members of Congress have expressed in interviews.
It awaits a potential vote in the House Judiciary Committee.
Similar legislation was introduced in the previous Congress called the Guardianship Accountability Act. The House version was introduced by Rep. Darren Soto (D-FL9) and attracted five bipartisan cosponsors: three Democrats and two Republicans. The Senate version was introduced by Sen. Susan Collins (R-ME) and attracted two Democratic cosponsors from across the aisle.
Never version received a committee vote, although the issue was much less in the public eye before Spears’ 2021 issues.
— — — — — — — — — — — — — — — — —
This article was written by GovTrack Insider staff writer Jesse Rifkin.
Want more? Follow GovTrack by email, on Twitter, and for our “A Bill a Minute” video series — on Instagram, or on YouTube.
Like our analyses? Support our work on Patreon.
