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Britney Spears Not Alone: ​​How to Cancel Guardianship?

The star's father recently retired from her guardianship, after years of making decisions against her will.

What can be done when the guardian clings to the position?

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• Guardians

Adv. Yifat Ben David Bustos, in collaboration with Zap Legal

Thursday, 21 October 2021, 09:53 Updated: 13:51

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Guardianship is a complex matter (Photo: ShutterStock)

In mid-September, pop star Britney Spears was released. After years of abuse, in which her father served as her guardian and forced her to perform various actions against her will, the father announced that he was retiring from the guardian role over his daughter, and no longer clinging to him.

Spears' struggle to regain control of her life has made headlines around the world and has cast a spotlight on the institution of guardianship, which usually does not attract much attention. But this is an extremely important role, which in some cases can also be abused.

In the following lines I will seek to explain what the role of the guardian is, who appoints him, and how guardianship can end. Finally I will explain how guardianship can be revoked.

Who is a guardian and what is his role?

A guardian is a person or association who is appointed by the court to take care of the affairs of one who is unable to manage his own affairs. The custodian represents the same person in every legal action and in every matter, according to the powers conferred on him by the court, while constantly maintaining his own good.

There are two types of guardians: a natural guardian and a guardian by appointment. A natural guardian is none of her: Parents are the natural guardians of their children up to the age of 18, and there is no need to appoint them to the position.

On the other hand, there are appointed guardians who are appointed, for example, to manage the affairs of adults who are unable to take care of themselves. The court appoints the same guardians so that they can act to preserve the rights, interests and needs of those adults and make decisions about them.

The same person can be appointed several guardians, who can work together or each of them can be appointed to a different subject. It should be emphasized that a guardian operates under the close supervision of the court, and is obliged to forward to him reports on the condition of the sponsor for which he is responsible.

Guardianship can end in several ways: naturally, when the guardian seeks to resign or when he is fired.

Natural termination of guardianship - Parental guardianship of a child comes to an end when he or she reaches the age of 18 (if it is a child with special needs and wants to extend the guardianship, this must be requested from the court). Guardianship of an older person ends naturally when he passes away.

Other options for the natural termination of guardianship are when that person ceases to be "incompetent" and the court declares him "competent" or when the court determines that the reasons for which the guardianship was determined in the first place ceased to exist.

Resignation of the guardian - Another option for terminating the guardian's position is when he resigns and notifies the court. It is important to note that guardianship will only end if the court approves it.

Dismissal of the guardian - a situation in which the court decides to dismiss the guardian, if in his view he has not fulfilled his duties properly or for any other reason, as determined by the court.

Who can ask to fire the guardian?

Those who can seek to fire the guardian are the sponsor himself, his relatives or the state. In this context, the sponsor can claim, for example, that he has become independent or express his desire to appoint a replacement for a guardian. You can also "fire" the guardian in part, and only ask to reduce his powers.

Under section 61 of the Legal Qualifications and Guardianship Act, the court may dismiss a guardian if it finds that the latter has not performed his duties properly or he "saw another reason for his dismissal."

This wording is broad and leaves the court wide discretion in this regard. Various situations can be considered, in which it is clear that the guardian is not fulfilling his role as required. For example, if he is in a conflict of interest in relation to the performance of his duties, does not act in favor of the sponsor or he makes decisions in bad faith.

The guardian is a courier of the court, he has duties under the law and must act in good faith, there are certain actions which require the approval of the court and the court may at any time give instructions to the guardian, at the request of the confidential, in any matter concerning the performance of his duty.

By the way, it should be noted that notwithstanding the above, in a case where urgent action is required, in special cases, the guardian will be able to carry it out and request retroactive approval from the court.

In conclusion, the relationship between the custodian and the confidential is based on trust and once the trust is violated, the rights of the confidential who is considered the "weakened person" are necessarily violated and the custodian may abuse his power.

The case of Britney Spears is a classic case of severe injury and abuse of power by the custodian. According to her, her father, who served as guardian of her assets for 13 years, used his power to bite the commissioner, claiming she even controlled her body and personal life, while preventing her from dating friends, getting married and having more children.

Attorney Yifat Ben-David Bustos deals with family law, inheritance, guardianship and power of attorney ongoing Also, customs policy and international trade and insolvency and bankruptcy.

contact - 0559787961, 053-6110332

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