When Britney Spears broke her public silence in June and asked to be released from the court-imposed oversight that has controlled her money and personal life for 13 years, she told the judge: “I want to end the conservatorship without having to be evaluated.” But legal experts have said that judges typically rely on psychological assessments and other factors when considering whether to restore independence to someone under a conservatorship. As they consider whether a conservatee has regained “capacity,” they will generally try to assess cognitive ability and decision making, and the ability to weigh the risks and benefits of things like medical care, marriage and contracts. In most cases, a forensic psychiatrist or a psychologist with expertise in neuropsychological assessments performs evaluations, which can extend over several days. A judge doesn’t have to accept an evaluator’s findings, but they usually do. Ms. Spears continued to work extensively as a performing musician and global celebrity while under her conservatorship, earning millions of dollars. But experts say that professional and financial successes do not directly speak to whether someone has regained “legal mental capacity.” Since June, Ms. Spears has been adamant that she wants the arrangement ended without having to undergo additional mental evaluations. “I don’t think I owe anyone to be evaluated,” she told the court in June. “I’ve done more than enough.” There is no public record of the judge in the case, Brenda Penny, having recently called for one. (According to confidential documents obtained by The New York Times, a court investigator said in 2016 that the conservatorship remained in Ms. Spears’s best interest despite her ongoing requests to end it, but called for a path to independence.) Ms. Spears’s lawyer, Mathew S. Rosengart, noted that in a recent filing, lawyers for Ms. Spears’s father, James P. Spears, had stated “no less than three times that no mental or psychological evaluation is required under the Probate Code,” to which Mr. Rosengart added: “Ms. Spears fervently agrees.”
Source: Music - nytimes.com