Legal experts say it will take multiple drunk driving arrests for Britney Spears’ conservatorship to be restored.
Attorney Sean R. Weisbart, partner and co-chair of Blank Rome’s Tax, Benefits and Private Client Practice Group, spoke exclusively to Page Six about how pop stars arrested for DUI this week could face legal ramifications.
“While a DUI arrest may be a factor in the imposition of a new conservatorship, a DUI conviction will never result in the imposition of a conservatorship,” Weisbart says.
The court will need to prove that the “Toxic” singer is “incapable of managing his personal and financial affairs” in order to establish another conservatorship, the lawyer explains.
“Let me be clear: DUI penalties are not the imposition of conservatorship,” Weisbart emphasizes. “It could be a suspended sentence, it could be a fine, it could be community service, it could even be a conviction.
“But that’s not an imposition of a conservatorship, right? There has to be a pattern that shows she’s not capable of really managing personal matters long-term,” he says.
Weisbart said her DUI arrest was an “isolated incident.”
“If someone can prove that she has a mental illness, that she can’t give up drugs or alcohol, that she’s addicted, that it’s continually affecting her ability to manage her personal affairs, that’s what the court will look for in order to place her in a conservatorship,” he says.
But Weisbart believes the court will seek “the least restrictive means possible.”
“When someone has a guardian, that person’s freedom is completely restricted because that person is in control of their own financial and personal affairs,” he says. “An isolated DUI is terrible, but it does not necessarily lead to the imposition of a conservatorship.”
It is also highly unlikely that her father, Jamie Spears, will be re-appointed as conservator if there is any evidence that Spears’ legal arrangement is necessary.
The New York City-based legal representative also noted how Britney’s representatives told Page Six that the Grammy-winning artist intends to “take appropriate steps and abide by the law” and hopes she gets the help she needs.
“I think Britney’s representatives have made statements that she wants to make everything right and get her life in order,” Weisbart says. “But if for some reason someone were to be placed under conservatorship again, I think the court would look for the mildest and least restrictive avenue.”
Weisbart noted that while Britney was fighting to end her conservatorship in 2021, she revealed harrowing details in court about how her father controlled her every move, allegedly forcing her to take birth control and work against her will.
“She’s been recognized for really putting her life and mental illness out there,” he says. “It obviously affected a lot of people in different ways.”
Britney’s legal conservatorship ended in November 2021 after a judge determined she was mentally fit enough to manage her $60 million estate.
Jamie was appointed as Britney’s conservator in 2008 after she suffered a highly publicized mental breakdown, but he was replaced by certified public accountant John Zabel in September 2021 after Britney filed a lawsuit to end the arrangement.
Although her freedom was initially praised, Britney, 44, has since raised concerns about her mental health.
From dancing with a knife in social media posts to erratic driving, the songstress’ DUI arrest is the latest in a series of incidents that indicate her underlying mental health issues.
On Wednesday night, Britney was arrested by the California Highway Patrol in Ventura County, California, on suspicion of driving under the influence.
Audio of the 911 emergency call obtained exclusively by Page Six shows a police officer describing Britney’s black BMW sedan convertible as “weaving in and out of lanes” and “speeding.” She had an unknown substance in her vehicle at the time of her arrest.
Manager Cade Hudson told Page Six in a statement on Thursday: “This was a completely unacceptable and unfortunate incident. Britney intends to take the right steps and abide by the law, and we hope this is the first step in the long-awaited changes that are to occur in Britney’s life.”
“I hope she gets the help and support she needs during this difficult time.”
A source close to Britney told Page Six that her family, including her two sons with ex-husband Kevin Federline, is “rallying around her.”
