2:48 PM PT -- The way the issue of Britney's declaration came up ... her lawyer, Sam Ingham, told the judge Britney does not want to perform again ... while Ingham said Jamie is intent on Britney resuming her career.
That's when the issue of hearsay came up ... that Britney hasn't told the judge in a declaration what she wants to do with her career.
Britney Spears lacks the mental capacity to sign a sworn declaration in her conservatorship case ... and her own lawyer compared her inability to sign a document to a comatose patient.
There was a hearing Wednesday in Britney's conservatorship case ... it was routine at first, but then the judge started asking questions about Britney wanting a co-conservator of her estate, to work alongside Jamie Spears.
Britney's lawyer, Sam Ingham, had been conveying Britney's feelings about the conservatorship to the court, and they got into a discussion as to whether all of that was inadmissible hearsay.
The judge asked Ingham if Britney would sign a declaration so there'd be a first-hand account of her feelings. Ingham said Britney lacked the capacity to sign a declaration, and likened her to a comatose patient. He was not saying she is comatose by any means, but he used it by way of example to show she was not capable of signing a legal document. Ingham said even comatose patients can have their lawyers speak for them.