Anonymous wrote:I asked two real life doctors in my life about this, one of whom is a forensic psychiatrist who has spent a lot of time with the profoundly mentally ill, and both think the arrangement is bizarre. The psychiatrist thinks there must be some element of emotional blackmail stopping her from fighting more/sooner (likely to do with the kids). Both think the length and extent of the conservatorship is rare and questionable considering how much she has worked.
So a counterpoint to these experts on dcum, the actual experts who’s credentials I now disagree with you
Attorney here, I also work in this field, and I agree with the medical professionals' opinions above. In my state, someone has to be truly unable to meet their own basic needs to have a conservatorship or guardianship instated. It's a BIG deal and the degree of "mentally unfit" has to truly rise to the level of inability to function. NOT inability to make good decisions, inability to work consistently, inability to retain custody of children, inability to stop having children when their families feel they should stop; not inabliity to find and retain a healthy romantic relationship; not inability to maintain a socially accepted hairstyle or clothing; not inability to save money or spend wisely. It has to be a true inability to provide themselves with adequate nutrition to live, inability to obtain appropriate medical care and ascertain that it's needed, inability to maintain safe (not nice, not clean, just minimally safe) living conditions of any sort. Someone can be absolutely batshit crazy and if they're able to maintain a minimal baseline of living without actual danger to themselves and others, then they are not deemed incompetent. And if they ARE deemed incompetent, it's a matter of degree - so maybe they're incompetent to manage their assets in such as way as to understand basic management to be able to feed, cloth, and house themselves, and in that case the court may institute a LIMITED guardianship just over finances and property. In that case, the guardian has NO say over whether the person works, where/when/how they work, who they date, what medical decisions they make. The court grants the minimal level of conservatorship required for the person to be safe and okay. And no matter the degree of incompetency, the person's own opinion as to who shoudl serve as guardian is highly prioritized by the court. The law also requires the guardian to abide by the ward's wishes to the extent not harmful to the ward - so the guardian's preferences do not matter, if the ward's wishes would not cause them objective harm.
In light of all of that, it really is weird. I understand we absolutely do not have anything close to the full story. But if she's able to go on the road and maintain an instagram image, I'm shocked that she's not able to make more of her own decisions, even if a limited conservatorship were needed in specific areas of her life.