Source: L.A. Superior Court
On February 1, 2008, Geraldine Wyle filed an ex parte application on behalf of Jamie Spears. The application requests that Britney Spears not appear in court for her conservatorship case. Further, Wyle argues that the California state mandate to notify a potential conservatee at least five days in advance of being conserved should be waived in this case. The concern was that Britney would be released from the 72-hour 5150 hold before the five days was up. They didn't want her out before securing the conservatorship.
Wyle sums it up: "Giving notice of the ex parte application would give Britney notice of the hearing on the proposed appointment of a temporary conservatory, contrary to the relief sought by this application."
The filing includes declarations from Wyle, Jamie Spears, and Lynne Spears in support of the application.
Geraldine Wyle argues that giving Britney the legally-mandated advance notice is “to protect Britney’s estate from immediate and substantial harm.” She does not specify the threat to the estate and never refers to any threat to Britney herself.
Jamie Spears explains that he was bossing people around at the hospital where Britney was staying. While visiting her in the hospital, he did not talk to her about his plan to conserve her. His wanted to keep Sam Lutfi from knowing about his plan. If Britney knew her dad was planning to seek a conservatorship for her, he expected she would tell someone about it.
Lynne Spears details her interactions with Britney, Sam, and Jamie in the week leading up to Britney’s second 5150 involuntary hold. She alleges that Sam abused Britney to control her, including drugging her without her knowledge, disabling her cars and phones, hiding her pet dog, and hanging custody of her children over her head. (Lynne’s declaration is fleshed-out in her memoir, Through the Storm, over which Sam sued her for defamation.)
The five day advance notice for a probate conservatorship allows the potential conservatee time to respond to the potential conservator's application. Time to mount a defense when one's civil liberties are on the line is a crucial part of due process in conservatorships. Probate conservatorships are usually not so urgent that five days advance notice will cause irreparable harm.
Should medical personnel overseeing an involuntary 5150 hold determine that a patient needs further treatment after 72 hours, they could initiate a 5250 hold lasting 14 days. The 5250 hold process includes a probable cause hearing within four days of the hold.
Typically, the case of a patient under an involuntary 5150 or 5250 hold in a hospital would fall under the category of an LPS conservatorship. This can be initiated by a physician, not an attorney or family member. LPS conservatorships are meant to help a person with a serious mental health condition receive care while they recover, for a period of one year. Although Britney Spears was on a 5150 hold at UCLA Medical Center at the time of Wyle's filing, the application was not for an LPS conservatorship, as she was not qualified to apply for one. Geraldine Wyle & Jamie Spears instead initially claimed that Britney suffered from dementia on an application for a probate conservatorship.