March Wrap-Up: Guardianship and Conservatorship

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Happy March! This month guardianships and conservatorships were in the news. The DOJ and VA signed a new memorandum that effects the VA’s involvement in guardianship and conservatorship proceedings. And, Britney Spears recent DUI arrest has some people wondering what her family and friend’s ability to help will look like in the aftermath of the public termination of her conservatorship.

Guardianships and Conservatorships for Veterans

The Department of Veterans Affairs (VA) and Department of Justice (DOJ) signed a memorandum of understanding (MOU) two weeks ago aimed at allowing VA attorneys to participate in state guardianship and conservatorship proceedings. The VA claims that this will allow them to better assist the ever growing population of incapacitated and at risk veteran populations. This includes veterans facing homelessness. The MOU would allow the DOJ to appoint VA attorneys a special authority to initiate and participate in state guardianship and conservatorship proceedings. Per the VA, this is akin to any other organization, like a hospital or healthcare provider initiating a guardianship proceeding. Most often, proceedings would be initiated by an family, friends, or another interested party.

Advocates are concerned that this program could put veterans at risk. They are concerned about increased opportunities for misuse. They also have concerns that it will deter veterans from seeking healthcare or other services for fear of being placed under guardianship or conservatorship.

Britney Spear’s Conservatorship

Britney Spears is back under scrutiny. In case you didn’t know, Britney Spears was a teen popstar who was placed under conservatorship in 2008. The conservatorship was terminated in 2021 following the #FreeBritney movement. The #FreeBritney movement shed significant light on her conservatorship and spread awareness of guardianships and conservatorships in general. Following the termination of her conservatorship, Spears released a memoir called The Woman in Me about her life, including the conservatorship and her newfound freedom. She also denied a drug or alcohol problem.

Now, Spears is back in the spotlight after a DUI and her sale of her song catalog earlier this year. The arrest has fans worried and wondering if Ms. Spears will seek help voluntarily. This New York Times article asks what sort of help those close to her will be able to provide and what sort of help will Spears be willing to accept now that the conservatorship is over.

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Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

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Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

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Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

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Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.

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