Democratic Senators Elizabeth Warren and Bob Casey are calling on federal agencies to step up oversight of the country’s conservatory systems after pop star Britney Spears testified that she was molested under her conservatory government.
The Senators wrote to Xavier Becerra, Secretary of Health, and Merrick Garland, Attorney General, calling for more data on conservatories in the United States and how their agencies interact with state programs within the next two weeks. The move could signal the start of a legislative effort to reform the system.
“MS. The Spears case highlighted long-standing concerns of attorneys who have highlighted the potential for financial and civil rights violations by those under guardianship or supervision,” wrote Ms. Warren of Massachusetts and Mr. Casey of Pennsylvania.
The senators also highlighted previous efforts to study and reform the conservatory system that they felt had fallen short.
Ms. Warren, in a separate statement, described a system with “longstanding loopholes that can deprive people of their fundamental rights”.
“Both HHS and the Department of Justice (DOJ) have previously provided federal support for guardianship reforms and established national coverage regarding older Americans,” she said. “But the lack of federal data on the diffusion of conservatories and guardians of all kinds has made policy changes difficult.”
The National Center for State Courts estimates that there are 1.3 million active conservatories in the United States that oversee assets of at least $ 50 billion, but the group notes that the estimate is based on a “handful” of states which provide reasonably reliable data on conservatories. Each state maintains its own system of conservatories, and data collection varies widely from state to state.
In particular, the senators pointed to a lack of data on the potential for discrimination in the care system on the basis of “race and ethnicity, age, gender, gender identity, sexual orientation and type of disability of persons subject to guardianship”.
This assessment is supported by independent government agencies who have studied conservatories. A 2016 report by the Government Accountability Office found that “the extent of abuse of the elderly by guardians is unknown at the national level”. The National Disability Council said in 2018 that it “cannot say for sure whether guardianship is a growing trend or whether its popularity is decreasing,” adding that the lack of data makes it difficult to recommend policy changes.
Ms. Spears told a judge in Los Angeles last week that she was drugged, forced to work against her will and prevented from removing a contraceptive during her 13-year conservatory career.
On Thursday, an asset management firm that would become co-restorers of Ms. Spears’ estate requested to withdraw from the agreement. In its inquiry to the court, the company said it had been told that Ms. Spears’ conservatory activity was voluntary.
James P. Spears, Ms. Spears’ father who oversees the singer’s finances, called for an investigation into her claims. His attorneys have requested an evidence hearing and questioned the actions of both Ms. Spears’ current personal curator, who replaced Mr. Spears in the position in 2019, and her court-appointed attorney.
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