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VisibilityFoggy
LegalEagle
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Comments by "VisibilityFoggy" (@VisibilityFoggy) on "Britney Spears Fights Her Conservatorship" video.
I don't think that anyone will put up a good argument against the fact that California government is dysfunctional from the top down. People are not just moving out because of politics – you can be on either side of the aisle and end up with this state destroying your life or business.
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@MiguelMartinez-hs6ql No country has "free" healthcare. When you find a country where physicians, nurses and other medical personnel work for free, let me know. Until then, you can either pay $7/gallon for fuel plus a national sales tax like in Europe, or improve our private system. I'd vote for the latter.
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@1SCme We need narrower clarifications on the bases for conservatorships to be applied in the first place, though. The fact that a person uses drugs is not a reason to effectively make them a ward of the state. Millions of people use and abuse both legal and illegal drugs every day, including highly-functioning individuals for whom courts would never dare to consider a conservatorship. Frankly, if Britney wants to spend her money buying 250,000 acres of marijuana plants to smoke and spend the rest of her life in a cloud of giddiness with copious munchies nearby, that is her choice to make.
2
Anecdotally, when it comes to elder abuse and conservatorship issues, I've heard of more men thrust into this system than women. All of this occurs so infrequently to young people, except those who are severely disabled and no question exists as to the utility of a conservatorship, that there really isn't enough data to identify a trend. But, just going by some colleagues in the family/probate specialty who I've asked casually, a few mentioned that it seems to be elderly men who are particularly prone to being taken advantage of, usually after their wife dies and they go through a period of depression. Children, usually from out of state, step in to "protect" finances and their father's well-being and never allow their own parent to manage his own affairs after the depression has been treated. The argument they tend to use in "blue" states generally includes the presence of a firearm in the home. Not sure how this is approached in more gun-friendly territory.
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In the U.S. each state adopts its own laws with regard to probate and conservatorships. California is not a shining example of our country's best government at work – it is arguably the opposite. Cases involving a federal question of constitutional rights can be removed to a federal court, however I am not familiar with the procedural manner in which one would proceed in doing so.
1
@Ispira I believe one of the issues is that she has never had the opportunity to obtain advice from counsel of her choosing. No attorney would have advised her to frame her statements in court last week the way she did – and that is NOT a criticism of her. She is not an attorney and no one should expect her to speak as if she was. It seems to me that she does not even know how to file a motion to terminate this conservatorship, and no one is rushing to help her (I'll give you 60 million guesses as to why). This is not an area of the law I have studied in any semblance of depth, so I am not a subject-matter expert, but I'd be interested in hearing about conservatorship cases that have been removed to federal court on the basis of allegations of the withholding of one's constitutional rights. Also would be interested in hearing about how residency affects conservatorships. There may be some procedural tricks that an attorney who is an expert could pull out of their hat, but she does not seem to have access to that advice. Family law can be interesting but man, who would want the hassles? Give me real estate any day, lol.
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