61. Oooops, britaculous, I completely forgot to answer your questions about how this will affect the custody case. For the immediately future, it shouldn't. The visitation agreement that was worked out will continue until the April hearing. Since Britney is under a conservatorship, the family court is not going to restore her right to legal custody (the right to make decisions about the kids) or physical custody (the right for the kids to live with her part-time or full time). I imagine the court will give custody to K-fed. Custody, visitation and child support are always open to modification until the kids turn 18, so Britney can request the court to revisit these when she is able to provide medical evidence that she is capable of handling more. Unfortunately, once the kids have been in the custody of one parent for a long period of time, the courts become more reluctant to upset the arrangement, so K-Fed will have an advantage for a while. However, unless Britney is totally unfit, there court will never terminate her right to have some contact with her children, even if (as recently) it is by phone and e-mail. I think supervised visitation is going to be a condition for quite a while -- six months to a year at least. Maybe some overnights will be granted in a few months, again with the condition that her father and maybe a court monitor are also present in the house, I doubt she will have the right to drive with the kids.

Posted at 10:58PM on Mar 5th 2008 by lawdawg

62. Posted at 10:56PM on Mar 5th 2008 by A real lawyer, not like lawdawg


Errrrrrr.... the court DID appoint her a lawyer to preserve her rights as he found she was unable to retain one of her own. Sam Ingham III... So she does have the right to speak with a lawyer. If she didn't how would she be abel to defend herself against a wrongful conservatorship case, if that were the case.
Note also that lawyers for her conservator addressed that she was offered, and rejected, the opportunity to challenge this case. I assume they wouldnt lie about this...

Mr Lawyer, even as a law student I can make sense of what lawdawg says!

Posted at 11:03PM on Mar 5th 2008 by britaculous

63. #67...ARE YOU JON EARDLY????? HAHAHAHAHAHAHAHAHAHAHAHA!!!

Posted at 11:04PM on Mar 5th 2008 by Micheal Sands and Sam got KO\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\

64. July 31st! Ha ha! You know Britney is hating it! I for one am happy. I think if it were over now she would return to her old habits. Keep up the good job Jamie!!

Posted at 11:05PM on Mar 5th 2008 by Jenna

65. PATRICK S...HAS PANCREATIC CANCER NOW,,,THAT REALLY IS HORRIBLE!..TERMINAL IS ALWAYS THE OUTCOME.

Posted at 11:11PM on Mar 5th 2008 by jr

66. Posted at 10:58PM on Mar 5th 2008 by lawdawg

thanks! It's just that Kaplan has already hinted April looks like not possible - summer I think - and page6 (whoever knows about them) are hinting they are trying to work something more permanent out. Well. Good luck to her.


I forgot to address something your friend the "real" lawyer said:
"If she can drive a car, she can talk to a lawyer. Any real lawyer can see that this is a bunch of b.s. and nothing like the case you are citing, unless of course what you are referring to are possible remedies for Brit should her father mismanage her own finances (like he did his own)."

Not sure what the 3 things have in common. Daddy has the right to decide whether she can drive, The judge gave her a lawyer. And lawdawg made a link between the case being similar to Britney's as her parents have made similar allegations against certain party who has a restraining order against him and other I assume. I think he was implying that since the docs haven't given her a green light she is still as susceptible to undue influence as she was previously.

Posted at 11:12PM on Mar 5th 2008 by britaculous

67.
Hmmm - Still no answer to my question of:

A question for the Sam Lutfi supporters out there.

Why is it important to you to have contact re-established between Britney Spears and Sam Lutfi?

Are there any valid reasons?

Posted at 11:12PM on Mar 5th 2008 by DIANE T

68. all this and she is still pulling in over 700,000 a month! incredible!!

Posted at 11:16PM on Mar 5th 2008 by cyndy

69. To real lawyer: Yes, I am quite certain I am a lawyer. It says so on my diploma. And since you too are a lawyer, I suggest that you review In re Conservatorship of John L., 154 Cal.App.4th 1090 (Aug. 31, 2007), which addresses your points about the proopsed conservatee's ability to speak with appointed counsel and waive right to appear to contest the conservatorship. You might also be interested in In re Conservatorship of the Person and Estate of Katherine H.,, No. A115496 (not reported - available on Westlaw) (Cal.App. 1st Dist. July 5, 2007); In re Conservatorship of Tian L., 149 Cal.App.4th 1022 (Mar. 21, 2007); and In re Conservatorship of Person and Estate of William, No. B155023 (Cal.App. 2d Dist. Nov. 4, 2003). These also speak to the issues you raise.

Posted at 11:17PM on Mar 5th 2008 by lawdawg

70. It takes a strong man to keep a crazy bitch down! HAHAH

Posted at 11:18PM on Mar 5th 2008 by kraftlikecheese

71.
O.K. I'll help you out.

Sam Lutfi and Britney Spears should be able to remain in contact because - ??

Posted at 11:25PM on Mar 5th 2008 by DIANE T

72. I do not understand how she is well enough to teach children (strangers, and she is mentally ill!! and not licensed in any way to work with kids....) ok, teach kids at that studio, YET.......wow. She needs to have complete control over her life by her father, and it was ordered by the court. I feel so sorry for Britney. I just dont get it.

Posted at 11:26PM on Mar 5th 2008 by Linda

73. OK MAG.

On Wednesday, a court commissioner ruled to keep Jamie Spears on as conservator over the personal and business affars of his daughter, Britney Spears, through July 31.


TMZ is reporting the order is effectively a seal of approval for Poppa Spears, who has been co-conservator since Brit's latest breakdown.

Sources also say the conservators are open to ending the conservatorship earlier than July 31, if Britney's mental state sufficiently improves and stabilizes.

Under the conservatorship, Britney appears to be recovering significantly. She teaches regular dance classes to children at Millennium Dance Complex, has abandoned her wild and erratic night life and has won back visitation rights with her sons, Sean Preston and Jayden James.

Today's news is probably not going over well with Britney's former confidante, Sam Lutfi, who after being served with a restraining order two weeks ago by the conservators, has vowed publically to "fight to the end" to overturn the order and regain his friendship with the pop singer.

With all of the positive energy surrounding Britney right now, it's hard not to think that Sam's absence might be a good thing after all.

And, by the looks of things, the court seems to agree.

Posted at 11:27PM on Mar 5th 2008 by britaculous

74. britaculous at 11:12 PM: I agree that real lawyer is trying to connect three unrelated factors. And the statute, which allows the investigator and/or the conservator to make recommendations about the driving privilege, voting, etc., are indicative that the California legislature recognized that there are instances in which one might not be able to manage certain affairs but nevertheless could be capable of operating an automobile, making an informed decision in an election. There are varying degrees of mental and physical afflictions, and some conservatees are able to function at a higher level. In Brit's case, sure, she can get in a car, turn the key, shift the transmission, steer -- but that bears no relevance on whether she is vulnerable to fraud or capable of exercising sound judgment about her medical needs.

The take away from the case law is that procedural safeguards ARE built into the Probate Code and the Welfare and Institutions Code to protect the rights of those suggested in need of conservatorship protection. Procedural due process does not guarantee one the attorney of choice, but it does guarantee the right to an independent, non-conflicted lawyer, and that is what Brit has in the person of Sam Ingham.

Anyway, I write Ps & As all day long -- working on two right now for the S.D.N.Y -- and I don't intend to write a brief to educate "real lawyer." He's fixed in his thinking and nothing I offer will sway him. I know, and you know, that I have a solid basis for the opinions I offer.

Posted at 11:33PM on Mar 5th 2008 by lawdawg

75. I posted that coz I liked the implication. It's usually TMZ that digs into Sam with a story like this. In the mean time Ms Spears is out shopping! The legal stuff really does just go on and on without her...

Lawdawg. You tell em. See you soon. I'm off. Hoepfully we can continue the debate 2mrw when the docs come out and we can all pick your brains some more. In the mean time I agree with the other guy: Lawdawg for TMZ legal eagle!!!

Linda, I think it's more accurate to say that she's been said to be incapable of handling her affairs, rather than ruled insane.

Posted at 11:34PM on Mar 5th 2008 by britaculous