Britney Spears does not want to wait around for the next court hearing in her conservatorship case to have her father Jamie Spears removed as conservator. On Thursday, Spears' new attorney Mathew Rosengart filed a new motion asking the judge to remove Jamie as soon as possible. The next hearing is scheduled for Sept. 29.
"Conservatee moves for the immediate suspension of James P. Spears as Conservator and the appointment of Jason Rubin as Temporary Conservator pending the hearing presently set for September 29, 2021," reads the court filing obtained by PEOPLE. Spears' attorney notes that the two-month wait for the hearing "may not seem significant in the context of 13 years," but Spears "should not be forced to continue to feel traumatized, lose sleep, and suffer further," the document reads. "Every day matters."
Spears' attorney asked the court to remove Jamie "as early as the court will permit" on or after Aug. 23. "Every day that passes is another day of avoidable harm and prejudice to Ms. Spears and the Estate," Rosengart wrote. He added that the singer's emotional health and well-being are "the paramount concern." Jamie's removal would allow Spears to start having a "semblance of her 'life back,'" Rosengart wrote, adding that the change would not even ask Jamie to "admit to fault."
The new court filing also includes a comment from Spears' mother, Lynne Spears, who has rarely spoken out during the conservatorship battle. She is quoted as saying Jamie is "incapable" of putting Spears' interests above his own. "If Mr. Spears truly had the best interests of his daughter in mind, consistent with his obligation as a fiduciary to elevate her interests above his own, he would resign, today," the filing reads.
In a court filing late last month, Spears and Rosengart nominated Jason Rubin, an experienced certified public accountant, to replace Jamie as the conservator of Spears' estate. If Rubin is approved, he would manage Spears' estate and have power of attorney. Jodi Montgomery, the conservator of Spears' personal care, later filed a document also endorsing Rubin, noting that he is "eminently qualified" to replace Jamie. Montgomery also claimed Spears' doctors believe it is "not in the best interest" for Spears to have Jamie continue serving as her conservator.
Spears also wants Rubin "because he's not just a regular CPA, but a forensic investigator CPA," a source close to the situation told PEOPLE. Rubin will "go back" through Spears' financial records to see how the pop star's money has been spent in recent years. "Britney's determined to find out if her funds have been misused," the source said.
Spears previously filed a petition to have Jamie removed as conservator on July 26, suggesting Rubin take over. Spears delivered bombshell testimony on June 23 and July 14, making several shocking allegations about the conservatorship of her estate. In her first testimony, she claimed she was depressed and said her father should be in jail. Spears also said she was not allowed to get married or have a family.
"I want changes and I want changes going forward. I deserve changes. I was told I have to sit down and be evaluated," Spears said on June 23. "I don't think I owe anyone, to be evaluated. I've done more than enough. I don't feel like I should even be in the room with anyone to offend me by trying to question my capacity of intelligence."