In recent years, the topic of celebrities being placed under conservatorship has gained significant attention, particularly after the high-profile case of Britney Spears. This has led to increased scrutiny and debate surrounding the well-being of other public figures, including controversial rapper and artist Kanye West, also referred to as “Ye”.
The question of whether Kanye West should be placed under a conservatorship has become a subject of intense discussion, as his erratic behavior and mental health struggles have been widely documented in the media. Following his 2022 antisemitic statements, loss of major business partnerships with Adidas and Gap, and subsequent marriage to Bianca Censori, public concern about West’s well-being has intensified.
This post aims to explore the various factors contributing to this debate, examine the potential benefits and drawbacks of placing Kanye West under a conservatorship, and ultimately determine whether such a measure is necessary and appropriate.
What Is Conservatorship?
Conservatorship is a legal arrangement wherein a court appoints a responsible person, known as a “conservator” or “guardian”, to manage the personal and/or financial affairs of an individual deemed incapable of doing so themselves, who is known as the “conservatee”.
This incapacity may be due to physical or psychological concerns, cognitive decline, or other factors that render the individual unable to make informed decisions or care for themselves. In California, the legal standard requires “clear and convincing evidence” that the person cannot provide for their personal needs or manage their financial resources — a high bar that protects individual rights.
General Conservatorship vs. Limited Conservatorship
California law recognizes two primary types of conservatorship: general conservatorship and limited conservatorship.
As part of a general conservatorship, the conservator is granted full authority over the conservatee’s day-to-day life. With a limited conservatorship, the conservator may be conferred up to seven specific powers over the conservatee. These include:
- The power to determine the conservatee’s living arrangements.
- The power to access the conservatee’s private documents.
- The power to affirm or deny the conservatee’s decision to marry.
- The power to exercise the conservatee’s right to enter a contract.
- The power to make medical decisions on the conservatee’s behalf.
- The power to make decisions affecting the conservatee’s social or sexual relationships.
- The power to make decisions relating to the conservatee’s education.
Within these categories, an arrangement may be classified as a conservatorship of either the person or the estate. In a conservatorship of estate arrangement, the conservator is responsible only for making decisions pertaining to the conservatee’s financial affairs.
In California, a conservatorship is established by a judge per the state’s Probate Code, which outlines the specific criteria and procedures for establishing and maintaining such arrangements. A conservatorship attorney is often hired to navigate the complex legal landscape and advocate for the best interests of the individual involved.
How Conservatorship Works
Once the probate court has established a conservatorship, the conservator assumes responsibility for making decisions on behalf of the conservatee.
In the case of conservatorship of the person, such decisions might include those related to healthcare, housing, education, and social interaction. In a conservatorship of estate arrangement, the conservator is only tasked with handling the conservatee’s finances, including their incomes, assets, investments, and public assistance benefits.
The scope of the conservator’s authority is determined by the court and may be narrow or broad, depending on the specific circumstances of the case. It’s important to note that conservatorship is not a one-size-fits-all solution; rather, it’s tailored to each individual’s unique needs and circumstances.
Kanye West: The Next Britney Spears?
The “Free Britney” movement highlighted the struggles faced by singer Britney Spears, who spent more than a decade under a conservatorship overseen by her father until its termination in November 2021. Her case sparked nationwide conservatorship reform and raised awareness about potential abuses within the system.
This highly publicized episode and the legal and ethical contention it prompted have raised questions about whether Kanye West could be the next Britney Spears. The parallels between the two stars are striking, as both have faced public scrutiny and exhibited erratic behavior, leading to concerns about their mental state.
Kanye’s controversial actions have included antisemitic remarks in 2022 that led to widespread condemnation and the loss of partnerships worth billions, wearing “White Lives Matter” shirts, his 2024 presidential campaign, and making inflammatory statements across various platforms. The question of a conservatorship for Ye has been raised, as many wonder if he, too, needs protection from himself and those who may seek to exploit him.
This issue gained further attention when comedian D.L. Hughley criticized West’s controversial behavior, stating that he would already be placed under a conservatorship if he were a woman. His comments highlighted the need for a serious conversation about sexism and mental health in the entertainment industry and the potential consequences of ignoring these issues.
As we continue to learn more about what happened to Britney Spears, it’s crucial that we apply these lessons to other celebrities who may be struggling to ensure that they receive the care and support they need.
Why Isn’t Kanye in a Conservatorship?
The comparison between Britney Spears and Kanye West is intriguing, as both stars have been open about their struggles with mental illness, yet only Spears has been placed under a conservatorship. This disparity raises questions about the legal system’s approach to mental illness and the autonomy of individuals in the public eye.
David Morgan, legal professional and partner at Perry Morgan Attorneys, has weighed in on the matter, highlighting the differences between the Britney Spears conservatorship and the potential for a Kanye West conservatorship.
According to Douds, the primary distinction between the two cases lies in the circumstances that led to the establishment of Spears’ conservatorship in 2008.
At the time, the performer was deemed unable to manage her personal and financial affairs due to her mental health struggles, which included a breakdown and hospitalization that received ceaseless news coverage.
Although West has been open about his bipolar disorder diagnosis and has exhibited unusual behavior in the past, he has not experienced a similar crisis that would warrant the imposition of a conservatorship.
Another factor to consider is the family’s level of support and intervention.
In Spears’ case, her father, Jamie Spears, petitioned the court for a conservatorship, arguing that it was necessary to protect her and her estate. Kanye West’s family, on the other hand, including his ex-wife Kim Kardashian, has been supportive of his journey and has not sought legal intervention in his affairs.
Furthermore, the legal threshold for establishing a conservatorship is quite high, requiring clear and convincing evidence that the individual cannot manage their affairs independently. While West’s behavior may be concerning to some, it hasn’t reached the level of incapacity that would justify a conservatorship under the law.
Less Restrictive Alternatives to Conservatorship
Before considering conservatorship, California law now requires courts to explore less restrictive options that preserve individual autonomy while providing support:
Supported Decision-Making
This alternative allows individuals to choose trusted advisors who help them make decisions without removing their legal rights. The person retains full control but receives guidance when needed.
Psychiatric Advance Directives
These legal documents allow individuals to specify their mental health treatment preferences while they have capacity, including preferred medications, hospitals, and who should make decisions during a crisis.
Representative Payees
For financial management only, a representative payee can help manage government benefits without the broad restrictions of conservatorship.
Power of Attorney
Individuals can voluntarily grant specific powers to trusted persons while retaining the ability to revoke these powers when they choose.
Mental Health Treatment and Voluntary Services
Accessing therapy, medication management, and support services voluntarily often provides the help needed without court intervention.
Who Could Be Kanye’s Conservator?
West’s conservator would ideally be someone who has his best interests at heart and can be trusted to make sound decisions on his behalf.
Given the nature of the relationship between West and his ex-wife Kim Kardashian, who shares custody of their four children, it’s unsurprising that many people previously considered the possibility of a Kim-Kanye conservatorship. Kardashian remained a supportive partner to Kanye throughout their marriage and subsequent divorce, though she has stated publicly that she cannot force him to seek treatment and respects his autonomy as an adult.
Other potential candidates could include close friends, family members, or even court-appointed professional conservators with experience managing the affairs of high-profile individuals. However, it’s important to emphasize that speculating about potential conservators is premature when conservatorship itself is not warranted under current legal standards. Ultimately, however, the decision should be based on what’s best for Ye and should respect his fundamental rights as an individual.
What Celebrities Have a Conservatorship?
Other notable figures have experienced similar difficulties and been placed under conservatorships.
For instance, Amanda Bynes, a former Nickelodeon child star, was under conservatorship from 2013 to 2022, and the arrangement had a considerable impact on her music career and personal life. Bynes has been open about her struggles, often sharing updates on her Instagram story to keep fans informed.
Radio personality Casey Kasem was also under a conservatorship in the final years of his life due to dementia. Another example is talk show host Wendy Williams, who was placed under a temporary conservatorship in 2021 due to health issues.
These cases highlight the complexities and challenges that celebrities under conservatorship face as they navigate the delicate balance between their personal well-being and the demands of their professional lives. They also demonstrate that conservatorships should be regularly reviewed and terminated when no longer necessary.
Effective Help in Guardianship
While the debate surrounding whether Kanye should be placed under conservatorship is ongoing, one thing is certain: everyone with such a history of mental illness should receive the support and assistance they need.
If you or a loved one are unable to make decisions regarding finances, medical treatment, or other important matters, reach out to the compassionate legal professionals at Perry Morgan Attorneys for guidance on the best course of action.
