After a lengthy legal battle, a Los Angeles court ruled to end the conservatorship that restricted what pop singer Britney Spears could do with her money and her life.
Spears was under the US conservatorship for 13 years. Her finances, relationships, contraception options and lifestyle were dictated by her father, Jamie Spears. Her father was suspended as her conservator in September, the court finding he created a “toxic environment” for his daughter, with the order removed entirely on Friday. After a public battle with Spears detailing just how little control she had over her personal affairs, she said she is “ready for vengeance”.
But in Australia, similar provisions touch the lives of more than 60,000 Australians. As a Crikey investigation revealed, nearly 14,000 Australians are under a guardianship order, with state-appointed public guardians deciding where those who have been deemed unfit to make decisions for themselves can live, who can visit them and what medical care they receive.
A further 47,000 Australians have their finances managed by the public trustee, which decides where their money should be invested and which of their personal items should be sold. Public trustees charge high fees for their services — in some cases, taking half of a person’s disability pension — and across the country generate $1.1 billion in revenue a year for the state offices.
In some cases, victims of the system have spent hundreds of thousands of dollars fighting the orders. Others argue their elderly parents’ wills haven’t been respected, their medical choices and do-not-resuscitate orders ignored, and their cash squandered on opaque fees charged by the public trustee.
It’s a huge issue, but one that is rarely talked about in Australia. Guardianship and financial administration hearings take place at the request of medical staff, social workers or family members in tribunals — which aren’t held to the same standards of evidence as a court. There, the tribunal decides if a person is fit to manage their lives or if their family or friends are capable of doing so for them. The vast majority of those under the orders are elderly or live with a disability.
Many of those placed under guardianship orders told Crikey they weren’t aware of the ramifications of the rulings. Once an order is made, incredibly strict gag laws stop people from speaking out. In many cases, they’re unable to share court documents with the media, friends or family — or even share documents and spend their own money on lawyers — without permission from the court or public trustee. Lawyers Crikey spoke to were hesitant about speaking on the record, concerned doing so would jeopardise future cases or their careers.
Victims of the system are calling for a royal commission into public guardians. Offices of the public guardian and public trustee are run by the states and territories, making a national review difficult. While all have had some form of inquiry or review, change is slow to come, with dozens of victims reaching out to Crikey to share their stories.
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