As pop culture aficionados and #FreeBritney sympathizers everywhere watch Britney Spears’ conservatorship case unravel, many clients may wonder if establishing a guardianship (the name for conservatorships in Florida) is ever advisable. It’s the Britney effect: Ever since the pop star told a Los Angeles judge in 2019 that she was being abused by her conservators, including her father Jamie Spears, her case has put a spotlight on the need for meaningful protections for the most vulnerable. It has also introduced a lot of confusion for trust and estate law clients across the country, including in Florida.

Under Florida law, as in many other states, a guardian is a court-appointed surrogate who can make financial and other decisions for a minor or for an adult ward with mental or physical disabilities. The law allows for both voluntary and involuntary guardianships, and both are subject to court oversight. Some activists and lawmakers argue that current laws across the United States can enable unnecessary or exploitive guardianships, and that reforms are needed to protect people with disabilities from abuse.

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