In July 2021, as the legal battle over Britney Spears' conservatorship captured international attention, PEOPLE Magazine turned to attorney David A. Esquibias for insight into what the latest developments could mean for the future of the case.

At the time, Spears had been subject to a court-ordered conservatorship for approximately 13 years. During a highly publicized hearing, Los Angeles Superior Court Judge Brenda Penny granted Spears the right to retain an attorney of her own choosing.

PEOPLE interviewed Esquibias, along with family law attorney David Glass, to explain the legal significance of the hearing and what might happen next.

Esquibias, founder of Westlake Law Group and a California Certified Specialist in Estate Planning, Trust and Probate Law, was identified by PEOPLE in connection with his representation of actress Amanda Bynes, whose own conservatorship had also received national attention.

The Right to Choose Her Own Attorney Was a Significant Development

One of the most important developments in the Spears case occurred when the court permitted her to select her own attorney, former federal prosecutor Mathew Rosengart.

Esquibias told PEOPLE that the ruling was a "huge deal."

The reason went to the heart of the conservatorship itself. A conservatorship is imposed when a court determines that an adult requires another person or entity to exercise certain powers on his or her behalf. Yet Spears was now being permitted to select counsel, communicate her objectives, and participate directly in developing a legal strategy concerning the conservatorship.

As Esquibias explained at the time, those actions appeared difficult to reconcile with the proposition that Spears lacked the ability to exercise substantial control over her own affairs.

He told PEOPLE that Spears would likely begin strategizing with her new attorney about terminating the conservatorship and observed that these were "the acts of a highly functioning individual."

His conclusion at the time was succinct: "I think the writing is on the wall."

Conservatorships Involve More Than Financial Management

The Spears case also demonstrated why conservatorships can become among the most consequential proceedings handled by a probate court.

A conservatorship can potentially affect fundamental aspects of an individual's life, depending upon the powers granted by the court. Those issues can include decisions concerning finances, contracts, medical care, residence and other personal matters.

The legal issue therefore is not simply whether someone could benefit from assistance.

Many perfectly competent people rely upon accountants, investment advisers, attorneys, business managers and other professionals. The question in a conservatorship is whether circumstances justify transferring legal authority over particular decisions from the individual to a court-appointed fiduciary.

That distinction was especially significant in Spears' case.

As Esquibias pointed out to PEOPLE, Spears had continued to perform professionally at an extraordinary level during portions of the conservatorship. Her ability to rehearse, perform and generate substantial income inevitably raised questions about the extent to which a conservatorship remained necessary.

Removing a Conservator and Terminating a Conservatorship Are Different Issues

Another important point raised by the case is the distinction between removing a particular conservator and terminating the conservatorship itself.

In his interview with PEOPLE, Esquibias anticipated that one of the next steps could be an effort to remove Spears' father, Jamie Spears, from his position in connection with the conservatorship.

Changing the person serving as conservator does not necessarily terminate the underlying conservatorship. A court can remove one fiduciary and appoint another while leaving the conservatorship itself in place.

That distinction frequently matters in contested conservatorship proceedings. Sometimes the dispute concerns whether a conservatorship should exist at all. In other cases, the dispute concerns who should serve as conservator, whether the conservator has properly exercised his or her authority, or whether a less restrictive arrangement is appropriate.

Could a Less Restrictive Alternative Replace a Conservatorship?

Esquibias also discussed the possibility that restoration of an individual's legal rights does not necessarily mean eliminating every form of financial assistance.

He explained that, depending upon the circumstances, assets could potentially be managed through a trust or with the assistance of professional financial advisers rather than through a traditional conservatorship.

That concept remains an important consideration in conservatorship law.

The objective should not simply be to determine whether someone needs assistance. The nature and degree of that assistance matter. Courts and families should consider whether an individual's needs can be addressed through an arrangement that provides necessary protection while preserving as much independence as reasonably possible.

Trusts, powers of attorney, professional management and other planning techniques may sometimes provide alternatives to a conservatorship, depending upon the individual's capacity and circumstances.

What Ultimately Happened in the Britney Spears Conservatorship?

The July 2021 PEOPLE interview occurred while the outcome of the case remained uncertain.

Several months later, the developments Esquibias anticipated moved rapidly forward. Jamie Spears was suspended as conservator of his daughter's estate in September 2021.

Then, on November 12, 2021, Judge Penny terminated Britney Spears' conservatorship after nearly 14 years.

The case became one of the most widely followed conservatorship proceedings in American legal history and brought unprecedented public attention to questions surrounding capacity, fiduciary authority, court supervision and an individual's right to regain control over his or her own affairs.

California Conservatorship Proceedings

Although very few conservatorship cases attract the attention that surrounded Britney Spears, the underlying legal issues arise regularly in California probate courts.

Families may disagree over whether a conservatorship is necessary, who should serve as conservator, how a conservator is exercising authority, whether assets are being managed appropriately, or whether changed circumstances justify modification or termination of the conservatorship.

These proceedings can involve a difficult balance between protecting a vulnerable individual and preserving that person's independence and legal rights.

Westlake Law Group represents clients in conservatorship, probate, trust and fiduciary matters throughout Los Angeles and Ventura Counties.

David A. Esquibias has practiced law in California since 1994 and is a Certified Specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization.

Read the original PEOPLE Magazine article: Inside Britney Spears' 'Wild' Conservatorship Hearing — and What's Next in Her Court Battle: Experts.

This article is provided for general informational purposes only and does not constitute legal advice. Westlake Law Group and David A. Esquibias did not represent Britney Spears or any party in the Spears conservatorship proceeding.

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