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How To Remove A Conservator

By Amy E. Feldman

PHILADELPHIA (CBS) -- In 2008, things looked bleak for Britney Spears between the hair shaving incident and the unfortunate run in between the paparazzi and the business end of her umbrella.

Her father sought-and was granted--a conservatorship to make health and financial decisions for her. Now that we see the happy, healthy, well-adjusted Brittany in 2015, it no longer seems necessary. And yet it's still in place. Why?

A conservator is a person appointed by a court, who makes financial and personal decisions about an adult's care. It's used for a person who, based on mental or physical illness, dementia or intellectual disability, simply can no longer make good decisions. While a person may give the right to make those decisions by signing a durable power of attorney document, only a person who is mentally capable to turn over the power can sign it. Once someone becomes incapacitated, it's too late. The family has to go to court to get the power of a conservatorship and only the court can remove it. It doesn't automatically go away.

Since all seems well with Britney, she could go to court to ask it to be removed-but given that she and her family and even the paparazzi seem happy about the way things are working, there's no need to fix what isn't broken.

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