Los Angeles Trust and Probate Litigation Attorney, SirkinLaw

Here we go again with Britney

LOS ANGELES  (FOX)—  A state appeals court has dismissed a lawyer's challenge to the order that gives Britney Spears' father control over much of her life.

"Attorney Jon Eardley, who claimed to represent the 26-year-old pop star, filed an appeal March 11 challenging a court decision that made James Spears a co-conservator of his daughter's estate.

Justice Roger Boren of the California Court of Appeal wrote in a ruling Monday that the court has no jurisdiction to grant an appeal.

An after-hours call seeking comment from Eardley wasn't immediately returned.

Last month, Eardley tried but failed to move the probate case to federal court, claiming the conservatorship was a violation of Spears' civil rights. A federal judge ruled that Eardley is not Spears' attorney and has no authority to act for her.

James Spears was named co-conservator of his daughter's estate Feb. 1 after she was twice hospitalized in a psychiatric facility. Conservatorships are granted for people deemed unable to take care of themselves or their affairs.

It lets the father restrict and limit visitors, retain caretakers and security guards, and gives him access to all medical records."

I am not sure what planet we're on, but the last time I checked, if you go to court and ask to have someone deemed to lack capacity to manage her business affairs, you could ask the court for orders  restricting the conservatee from entering into contracts, namely those with attorneys!!  Could that have avoided this much earlier?

Mina N. Sirkin is a Board Certified Specialist attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California.  Ms. Sirkin practices in Los Angeles County, California.  [email protected].  http://www.SirkinLaw.com.

Will the Britney Spears case be moved to Federal Court?

Judge Questions Moving Spears’ Case

By RAQUEL MARIA DILLON For The Associated Press

"LOS ANGELES (AP) _ A federal judge wants an attorney who claims to represent Britney Spears to explain why he believes her conservatorship belongs in federal court.

Attorney Jon Eardley argues that the terms of the conservatorship, which occurs when a court determines someone cannot take care of themselves or their affairs, violate the pop star’s civil rights.

Judge Philip Gutierrez on Tuesday ordered Eardley to explain by Feb. 29 why the federal court should intervene in a probate case. The order came after attorneys for Spears’ father, James Spears, who was named her temporary conservator Feb. 1, argued in a motion that the conservatorship should remain in state court.

James Spears’ team argued that a state Superior Court commissioner had previously found that the singer did not have the capacity to retain counsel, and that conservatorship matters do not fall under federal jurisdiction.

Eardley filed papers Thursday to move Spears’ probate case to federal court. A message left at his office Wednesday was not returned.

The commissioner placed Spears under a conservatorship after she was taken to a psychiatric hospital twice this year. Her father and attorney Andrew Wallet were named co-conservators of her estate.

Attorney Jeffrey Wexler also asked the judge to require Eardley to pay James Spears’ attorney fees and any extra expenses incurred from arguments over the request to move the case to federal court."

It would be interesting to see whether the judge hearing this case will move the case to Federal Court.   Although there may be a constitutional issue involved in the case as to the right of a conservatee to select her counsel of choice, I am doubtful that the case would be moved out of the State Court and to the Federal Court.    In California, Conservatees are given the right to a trial by jury, so technically Ms. Spears could take the matter to trial to prove she is competent to act on her own behalf.   

Mina N. Sirkin is a Board Certified Specialist attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California.   She practices in Los Angeles County, California.   [email protected]. http://www.SirkinLaw.