Kanye West, now known as Ye, is seen by many of us who follow his career very poorly. Without giving oxygen to his disgusting antisemitic comments, for years now, Ye seems to be in declining capacity.
With the implosion of his most prized relationships, key business deals, public persona, and, ultimately, his net worth, You appear on a downward spiral with no clear end in sight. – well.
Much of this is reminiscent of the beginning of the conservatorship of Britney Spears. Britney’s own downward spiral makes her the perfect victim of an allegedly corrupt conservator, who happens to be her father.
Celebrity conservatorships often get bad press. However, the goals of a conservatorship are very laudable, if done correctly and with the best of intentions.
A conservatorship is a legal tool that allows family members and others to control the finances, medical decisions, and property of a loved one who is deemed unable to make decisions for themselves. This is a legal relationship created under state law to manage assets and make personal decisions for someone who cannot make decisions for themselves due to a disability or mental illness. Ye’s primary residence is in California–as was Britney’s when she was involuntarily placed under conservatorship. California applicable law.
A conservator is an individual appointed by the court to take care of the financial affairs and/or personal care needs of a “protected person” (the conservatee) who has been determined by the court to be legally incapable or incapable. to manage their financial affairs. or health care decision making.
California law requires a state court to find that the person is incapable of providing for their personal needs, cannot manage their financial affairs, and lacks the capacity to make or communicate important responsible decisions.
A conservator can be a family member, friend, or professional. We’ve all heard of celebrity conservators before because many celebrities have been placed under conservatorship due to mental illness or substance abuse issues.
When a court appoints a human conservator for a celebrity, their role is similar to that of a personal caregiver: The conservator oversees their physical and mental health. That means making decisions about their living arrangements, medical treatment, and personal care—for example, whether or not they should be hospitalized.
For celebrities who become incapacitated due to substance abuse or mental illness, intervention is often necessary before it becomes serious enough for someone else to step in as a conservator–but even then, we still see celebrities whose families did not do what was required. do it until it’s too late.
For Ye, when considering a conservatorship, a possible candidate to be the conservator is his ex-wife, Kim Kardashian. Not only is she the primary legal guardian of the children they share, but she also has a law degree. Aside from his celebrity, he met and exceeded the qualifications under California law to become a conservator.
As someone who is on the verge of becoming a billionaire, Kardashian also has the critical financial savvy in California courts that celebrity conservatives have embraced since Britney Spears’ decade-long scandal. There is a real conflict that the state will scrutinize, after all The court awarded Kardashian more than $2 million in annual child support, which Ye will pay.
This is the perfect time to have a conversation about a potential Ye conservator. If we all understand the issues better, the conservatism will become less obvious. This is part of the motivation for California Governor Newsom to change California’s conservatorship law because of the Spears conservatorship disaster. Known as the #FreeBritney bill, California’s 2021 reforms close legal loopholes and backdoors that allow the kinds of conservative abuse that Britney Spears has been accused of and is now suing for. Last month, Newsom extended the reforms to make placing someone in a court-ordered conservatorship more difficult. The new reforms have a particular focus on Californians with disabilities.
Conservatorships are private. In the case of celebrity conservatorships, we know about it once the celebrity is involuntarily placed in a court-ordered conservatorship. Having this conversation now about how Ye’s situation helps us all understand the realities of an involuntary conservatorship—and that it serves an important function.
You just said, “Hurt people hurt people.” What he doesn’t seem to know is that hurting people can also find themselves in dangerous legal positions.
Aron Solomon, JD, is the principal legal analyst at Esquire Digital. He teaches entrepreneurship at McGill University and the University of Pennsylvania and was selected by Fastcase 50, which recognizes the top 50 legal innovators in the world.
The opinions expressed in Fortune.com commentary pieces are solely the views of their authors and do not necessarily reflect the opinions and beliefs of luck.
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