Phoenix Lawyers discuss #FreeBritney and disability autonomy

Phoenix AZ

20 October, 2021

10:43 PM

Description

After months of Twitter being flooded with #FreeBritney, marchers across the country gathering in support of the pop star, the Phoenix Federal Society hosted an event Thursday to discuss the Free Britney movement. In this event, panelists discussed conservatorships, guardianships and disability autonomy. The event, hosted at Tombstone Brewing Company in Phoenix was open to the public. It lasted 90 minutes and featured panelists Jay Polk, Keith Berkshire, and Sey In. During this panel, it was made clear that conservatorships are a complicated topic due to the conflicting laws in different states. According to Judge Jay Polk, a judge with the judicial branch of Maricopa County, the laws vary among all 50 states. Since Spears' case is in California, the laws in that state may differ from Arizona. "Part of the problem is that states use different terms," Polk said. "It's very confusing." In Arizona, guardianships allow decisions to be made about an adult's housing and healthcare, among other choices. However, guardianships do not grant control over finances. Conservatorships, on the other hand, give control over a person's assets, according to Polk. According to the Los Angeles Times, Britney Spears was placed under conservatorship after a struggle with her mental health in 2008. This would give her father, Jamie Spears, control over a wide array of decisions that an adult would typically make on their own. Most notably, Jamie Spears has control over Britney Spears' finances and her reproductive decisions Once this case began receiving mass media coverage, many began to draw parallels between the Free Britney case and disability justice. Normally, these details are kept between the individual and with whomever they choose to share this information. Laws like the Health Insurance Portability and Accountability Act of 1996, or HIPAA, are known for providing patient confidentiality once the individual turns 18, whether or not they have a disability. Despite the Britney Spears case occurring in California, it has impacted folks with disabilities across the country. It has opened up a discussion about disability autonomy and brought awareness to the idea of conservatorship and the fact that some have the potential to be controlling or abusive. Because of the nature of conservatorship, many states, including Arizona, have supported decision-making, according to Sey In. Supported decision-making is an alternative way to assist people with disabilities in making life choices without seizing their autonomy. According to the Arizona Developmental Disabilities Planning Council, SDM is meant to assist adults with disabilities who are transitioning to adulthood but may still need assistance from a guardian. While the Free Britney case has led some to believe that all conservatorships are abusive, parents of children with disabilities argue that the issue is not black and white. Robb Vaules, secretary of the Arizona Center for Disability Law, spoke on his experience with his 19-year-old son with a disability. "If we would've chosen conservatorship, the state would've been in charge of my son's life. We would've been given a role in his life, but the state would have overarching control and that would have been bad," Vaules said Vaules opted for supported decision-making for his son to help him adjust to adulthood. Though the transition may take longer than usual, Vaules expects his son to be fully autonomous one day. However, he agreed that conservatorships may be needed in some situations. "If you're severely disabled and you're 18 years old, legally no one else can make a decision for you," Vaules said. Despite the reputation of conservatorships, the consensus is that they can be necessary at times. For example, individuals with significant disabilities that impact their ability to live independently or make their own decisions may be candidates for a conservatorship or guardianship. For people with disabilities, the Free Britney case was one that brought awareness to an issue that affects these people's livelihoods. It is starting conversations that may lead to a future of empowerment for people with disabilities.