The horrifying conservatorship of Britney Spears has brought to high relief the number of women who have every aspect of their lives controlled by a coercive and paternalistic family member who used state guardianship laws to have them declared incapacitated. Called “conservatorship” in California, these laws are an issue in most states, with New York’s provisions among the most draconian.

Under the Article 81 Guardianship Statute, part of the Mental Hygiene Law in New York state, the courts have unfettered discretion, without any doctor’s evaluation, to have someone declared incapacitated, resulting in the appointment of a permanent personal and financial guardian who controls every life decision and every penny an incapacitated person can spend.

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