Beyond Britney: Breaking Down the Concept of Conservatorship
February 24, 2026
Conversation on probate court matters may induce sleep in insomniacs (DISCLAIMER: PREVIOUS STATEMENT CONSTITUTES NEITHER MEDICAL NOR LEGAL ADVICE). However, the broad subject matter of the probate court system offers at least some material for impassioned discussion.
Conservatorships may represent one such controversial topic.
The high-profile case of pop icon Britney Spears launched the relatively niche legal concept of conservatorship into mainstream discourse circa 2008. While not difficult to understand, the definition of conservatorship can cause some anxiety: a state-endorsed third-party assumes the rights and responsibilities of someone else, sometimes after a court declares the subject of a petition mentally incapacitated.
Instances of conservators abusing their powers have initiated dialog on non-legal alternatives and conservator reform for decades. Although Connecticut state statutes limit conservatorships to the "least restrictive means", require medical evidence, and invoke a lofty 'clear and convincing evidence' standard, untrustworthy family, fake friends, and opportunistic associates often exploit their positions of power. In Connecticut, any action taken as a conservator must legally represent the "best interests" of the conserved individual. Conservators must also promote the independence of individuals under their care. Mandatory reports ostensibly enable probate court oversight and restricted bank accounts serve to prevent financial exploitation.
Furthermore, filing a frivolous petition for conservatorship carries a felony charge, while negligence in managing fiduciary responsibilities entails serious consequences.
Still, even statutory safeguards cannot account for the myriad ways in which a conservator can steal or otherwise take advantage of someone.
So then why, if ever, does a conservatorship become necessary, and what to do if you become subject to a petition or decide that you need third-party support for making personal or financial decisions?
The term "conservatorship" describes a legal relationship between a third-party and a living individual wherein the decision-making rights related to personal care and/or financial management of the living individual vest in the third-party. In other words, the right to make private decisions transfers from one person to someone else approved by the court, to the exclusion of the conserved person. A conservator of the person has authority over personal, medical, and housing decisions, whereas a conservator of the estate holds power to manage personal property and finances. A court finding the need for one type of conservatorship does not automatically diminish an individual's rights in the alternate category -- if a court determines someone requires assistance with financial planning, that individual does not also lose autonomy to make personal decisions.
Conservatorships can either be voluntary or involuntary. Public opinion often focuses on involuntary conservatorships, where any adult may petition a probate court to place someone under a strict form of legal guardianship due to profoundly limited physical, mental, or emotional capability. A petition for involuntary conservatorship also usually requires a medical report completed by a licensed physician or psychiatrist to attest to why an individual supposedly lacks decision-making capacity.
In order to establish an involuntary conservatorship, a court must find by clear and convincing evidence that an individual lacks decision-making capacity to manage their personal or financial affairs. A legal finding of incapacity may invalidate any subsequent agreements someone may enter into due to incompetency. Unless specifically petitioned for temporary status, involuntary conservatorships endure for one year after the date of the issuing court decree, regularly coming under annual and triennial review for continuation or termination.
Although a conserved person cannot immediately end an involuntary conservatorship, they may petition the court for a hearing on termination and restoration of their full legal rights at any time. An individual under involuntary conservatorship may also petition to change their conservator if the arrangement fails to meet their needs or involves any sort of abuse.
Voluntary conservatorships, conversely, originate from individuals seeking court-approved assistance in managing personal or financial affairs. This typically occurs when someone with concerns about their health or mental health status feels that they have no one to trust or who has the bandwidth to help them make important life decisions. Voluntary conservatorships may be terminated at any time with 30-days' notice to the probate court and do not require a legal finding of incapacity.
Both involuntary and voluntary conservatorship may only be established if the probate court considers it the "least restrictive means of intervention", or last resort to protect someone's interests. Important estate planning devices such as wills and trusts, or advance directives executed prior to any legal finding, may act to undermine a petition for conservatorship if the designated agents continue to perform their duties.
Due to the nature of conservatorship, individuals subject to a petition have the right to attorney representation during all probate proceedings. If an individual cannot afford an attorney, the probate court may appoint one or permit an attorney of choice if the lawyer agrees to work at the state's allowed level of compensation.
As long as no one violates anyone else, everyone has a natural right to make mistakes and poor choices, irrespective of health or mental health condition. The state should not have the power to decide any different.
However, there may be situations where even an involuntary conservatorship represents the only way to advance someone's interests. For example, an individual without close family or friends who becomes physically or mentally unable to care for themselves may not have the ability to execute an appointment or consent to privacy waivers. At this point, organizational staff may petition for involuntary conservatorship because of the inadequacy of other options to properly manage this person's affairs. Similarly, in-patient facilities and nursing homes may require a conservator on record, after performing due diligence on pre-existing instructions, to ensure that an individual has dedicated support to coordinate appointments and apply for services prior to initiating a safe discharge plan.
Scenarios where a conservatorship may be appropriate, while seemingly common in the medical field, also represent emergency situations with no viable alternative to protect an individual's interests.
On one hand, conservatorships present a form of state supervision with incredible potential for corruption and expensive court costs. On the flipside, a conservatorship may, for better or worse, be the only way someone receives some protection over their property and help with personal needs.
The State of Connecticut does not presently recognize supported decision-making agreements, which necessitate a notarized document to signify express consent to designate others to make specific decisions. Unfortunately, not many individuals possess the foresight to execute such documents, particularly while they're young and fully capable. As such, the best way to avoid conservatorship may be to execute advance directives prior to any possibility of a petition. Otherwise, have an established, well-documented plan for support in case of any temporary or indefinite incapacity.
As an attorney, I often find myself defending clients against petitions for involuntary conservatorship. Many of my clients suffer from mental health issues that negatively affect their better judgment, and don't have anyone willing to take responsibility for their care. Regardless of my own observations, I'm bound to advocate for the stated position of my client. However, I have also witnessed clients accept conservatorship due to their trust in a petitioning relative or sincere belief that they need an external support system.
A voluntary petition for conservatorship may also act as a legal defense against an involuntary petition because it affords the conserved person more control over the terms of conservatorship, takes procedural precedence over an involuntary petition, and avoids a legal finding of incapacity, thus preserving many of the individuals' rights and responsibilities.
I recently chose to serve as a conservator on voluntary petitions because I enjoy helping people with life decisions. I also wish to offer a critical resource for marginalized peoples and disenfranchised communities. I represent individuals who seek to challenge involuntary petitions for the same reasons.
Feel free to reach out for questions on conservatorships, advance directives, privacy waivers, or other issues related to your civil rights in the probate system.
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