Legal Expert Weighs The Odds Of A Second Conservatorship For Britney Spears

Pop star Britney Spears has many concerned with her behavior as of late. In early March, the "Oops!... I Did It Again" singer was arrested on suspicion of driving under the influence. Although she has already been released, many are concerned for the pop star's health and what this arrest means for her future ahead of her court appearance on May 4.

Many are concerned for the “Toxic” singer’s health after she was arrested for a suspected DUI. However, a legal expert told Page Sixexclusively that it is unlikely that one DUI will lead to a second conservatorship.

“Although a DUI arrest could be a factor for the imposition of another conservatorship, by no means would a conviction on a DUI result in the imposition of a conservatorship,” said attorney Sean R. Weissbart, the partner and co-chair of the tax, benefits, and private client practice group at Blank Rome.

In order for another conservatorship to be put in place, Weissbart says that courts would need to prove that the Princess of Pop is “incapable of managing her personal and financial affairs.”

Instead of another conservatorship, Weissbart says that the more likely outcome of her DUI case is probation, a fine, or even jail time.

“Let’s be clear, the penalty for DUI is not the imposition of a conservatorship,” Weissbart continued. “It could be probation, it could be a fine, it could be community service, it could potentially even be incarcerated for a sentence.”

“But it’s not the imposition of a conservatorship, right? There would have to be a pattern that demonstrates that she’s truly incapable, on a long-term basis, of managing her personal affairs,” he added.

Although she has had traffic violations in the past, Weissbart called her recent DUI arrest “an isolated incident” that is unlikely to lead to a conservatorship.

“If someone can prove that she is suffering from mental illness, that she can’t part with drugs or alcohol, that she’s addicted, that it’s impacting her ability to manage her personal affairs on an ongoing basis, then that would be what the court would look for to impose a conservatorship on her,” he said.

He went on to say that, given her past, the courts would likely look for the “least restrictive means possible.”

“When someone has a conservator, their freedom is completely, completely mitigated because this other individual is managing their financial and personal affairs,” he continued. “An isolated DUI, although that’s awful, is not necessarily resulting in the imposition of a conservatorship.”

A day after her arrest, Britney Spears’ rep released a brief statement, saying she would “take the right steps” and “comply with the law” until the matter was resolved. Weissbart addressed the statement in his interview, noting that her willingness to cooperate with the investigation puts her in a stronger legal position.

“I believe there was a statement made by Britney’s rep that she’s looking to make everything right and get her life in order,” Weissbart said. “But if for some reason someone was going to have a conservator imposed again, I think the court will look for the most mild, least restrictive means to start if that were on the table.”

Although it is possible that she could face jail time, many in her inner circle are praying that she will go to rehab and get the help that she needs.

“Britney knows she has to face the consequences, whatever they may be,” another source told Page Six. They revealed that her inner circle is “just praying it is rehab and not jail.”

They claimed that the “Lucky” singer “knows what’s happened is very, very bad and has the potential to impact not just her life, but everyone around her, especially her boys.”

Britney shares two sons, Sean Preston, 20, and Jayden James, 19, with her ex-husband, Kevin Federline. Through his attorney, Mark Vincent Kaplan, Britney’s ex told TMZthat he “hopes for the best for Britney and if help is necessary, he hopes that she will neither resist it or those who are attempting to work with her.”

Kaplan revealed that the family has spoken with Britney after the arrest, and although they don’t know more than what has already been reported, “The concern is whether this is just a one off or a one more.”

Britney Spears has yet to publicly comment on her arrest.