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23 July 2021 / Jemima Barnes
Issue: 7942 / Categories: Features , Wills & Probate
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Britney & the battle for control

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Britney’s legal battles shine a spotlight on conservatorship. Jemima Barnes outlines developments on this side of the pond
  • Sets out the procedure for deputyship, the English version of the US conservatorship

Following the recent high-profile legal battle in the US over Britney Spears’s application to remove her father from his role in her conservatorship, we consider what the equivalent of a conservatorship would be in England and how the situation may differ if Britney lived over here and was under the English legal system.

US v England & Wales

A conservatorship in the US is granted by a court for individuals who lack mental capacity to make decisions, perhaps due to dementia, brain injury or another severe mental illness. An individual or organisation (or both) can be appointed as conservator and conservatorships can deal with either a person’s estate and finances or their personal needs and welfare (or both).

In England and Wales, the equivalent of a conservatorship is a deputyship. Deputyship orders are made by the Court of Protection

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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