On social media and many mainstream news platforms there has been a buzz around stars such as Amanda Bynes and Britney Spears, who have been under conservatorship for seven and twelve years respectively. On the surface, they are two very troubled women who have been put under a guardian’s care for their own safety – but what exactly is a conservatorship? And why are so many speaking out?

According to lawyer Aaron Larson, the legal concept of conservatorship (in the US) is where a judge appoints a guardian or “protector” to look after another person who would be unable to themselves, due to physical/mental ailments or old age. This legal guardian looks after their ward’s estate (financial affairs) but also could aid in day-to-day life.

The guardian essentially has seven “powers” under law: 1. The right to fix residence or dwelling of the ward 2. The right to access confidential records and papers 3. To consent or withhold consent to marriage or registered domestic partnerships.

4. The right to contract for the ward 5. The power to give or withhold medical consent.

6. The power to control the limited ward's social or sexual contacts.

7. The power to make decisions concerning the education of the ward.

A simplified comparison could be made to a parent – for example, a mother would be able to give medical consent on behalf of her child, just as a conservator would be able to.

Although this concept exists in the UK, it is called a guardianship, and it seems to be much less prevalent. According to many legal and academic sources there is no way to know how many conservatorships exist at any one time, but the population of applicable people (including the very old or mentally ill) is much larger.

Amanda Bynes, star of Hairspray and The Amanda Show, has been under conservatorship of her mother since 2014, after she was arrested for a DUI and institutionalised. Since then, the actress, valued at over $5 million, has been working to get her life back on track – she has been living at rehabilitation and psychiatric centres, and is currently in an outpatient program. Amanda recently announced that she was engaged to boyfriend Paul Michael, but her mother refused to allow her to marry him, stating that Amanda was in no state to make a decision. However, the actress took to Instagram to dispute her claims, saying that "Today I want to talk about a controversial topic: My conservatorship case. I have been going to a treatment center that charges $5,200 a month. There's no reason why I shouldn't go to a therapist who takes my insurance for $5,000 less a month. This is why I've asked to see the judge next week regarding this conservatorship issue.”

Another star battling her guardianship is the infamous Britney Spears. After rocketing to fame in the 90s, she has publically struggled with her mental health, ‘to pull a Britney’ becoming a common slang phrase. In February 2008, Britney was put under temporary psychiatric hold, and her father was granted temporary (then permanent) conservatorship. In 2019, Britney’s long-time manager Jodie Montgomery stepped up to be her guardian due to Britney’s fathers ailing health, a move Britney has strongly supported. In leaked court documents, Britney is “strongly opposed” to her father’s return and states that she “strongly prefers” Montgomery continues in her role. In November of the same year she filed a motion to remove her father as a guardian completely, but it was denied by the judge.

On social media including TikTok and Twitter, fans have spread a conspiracy theory concerning Britney, suggesting that she is of sound mind and is held under a conservatorship against her will. The hashtag, #FreeBritney, spreads information about the alleged conspiracy, and in bizarre videos and comments Britney seems to send messages to her fans. One asked her to ‘wear a red top’ in her next post if she wasn’t happy, which Britney did. Her father, Jamie Spears, spoke out to condemned the conspiracy, but in a September court filing Britney’s lawyers suggest that it is “far from a theory” and that she appreciates the concern. Her close friend, Paris Hilton, also commented on her legal status – she said to SiriusXM that “I feel like if you are an adult, you should be able to live your life and not be controlled.”