Thomas Markle Conservatorship—What Son's Application to Court Means

Meghan Markle's father could be the subject of a conservatorship after an application by his son to a Los Angeles court—though it may be less extensive than the one that Britney Spears lived under for years.

The possibility of a conservatorship for Thomas Markle was raised by his son during a recent court hearing in a breach of contract lawsuit filed by Markle against Coleman-Rayner, the agency which famously staged pictures of him preparing for his daughter's wedding in March 2018.

The images ran in the British press as though they had been taken without his consent but he was outed as having posed them for money days before the royal wedding when The Mail on Sunday obtained CCTV footage showing him co-operating with the photographer.

Markle Sr. is seeking $1 million damages from the picture agency, arguing he was exposed to international ridicule and should have been given the right to approve the photos before publication in a November 2021 lawsuit. The company has moved for the case to be thrown out.

However, since then Markle Sr. has been treated for a stroke and his son Tom Markle Jr. appeared on his behalf at a recent hearing, with court paperwork confirming the application for a conservatorship.

A filing seen by Newsweek read: "The son of [Thomas Markle] is present via LACC and informs the court that he will be seeking a limited emergency conservatorship on behalf of his father."

The news was first published by U.K. tabloid The Sunday Mirror, which likened the application to the one pop star Britney Spears was subject to for many years.

However, it is not yet clear whether the court will approve the application at all, and if so what powers the judge would transfer to Tom Jr.

"There are several types of conservatorship," said the California courts' website regarding the definition of a limited conservatorship. "One special type of conservatorship is called the limited conservatorship. This is when a judge appoints a responsible person (called a conservator) to assist an adult with developmental disabilities (called a conservatee) who is unable to provide for her/his personal and/or financial needs."

It adds: "A limited conservator may ask the court to give you the following 7 powers:

  1. Fix the conservatee's residence or dwelling
  2. Access the conservatee's confidential records or paper
  3. Consent or withhold consent to marriage on behalf of the conservatee
  4. Enter into contracts on behalf of the conservatee
  5. Give or withhold medical consent on behalf of the conservatee
  6. Select the conservatee's social and sexual contacts and relationships
  7. Make decisions to educate the conservatee."

The court would not necessarily grant all seven powers to Tom Markle Jr. and could choose a more limited approach, according to the California courts' explainer.

There is currently little information in the public domain about what Thomas Markle's conservatorship might look like in practice but The Sunday Mirror reported the intention was to allow Markle Jr. to fight the case so that his father could focus on recovery.

Coleman-Rayner's own lawyers applied for the case to be dismissed, with a further hearing on the issue scheduled for November 2022.

A court filing summarising the discussion of the case read: "The complaint fails to state a claim. The contract covers only photographs taken by the defendant on a particular date. The complaint fails to allege the security-style photos released were taken by defendant or otherwise covered under the contract. The breach is uncertain."

Jeff Rayner, co-owner of the picture agency, filed a separate lawsuit seeking a restraining order against Thomas Markle, in February 2022.

Since then, royal biographer Tom Bower's book Revenge suggested Markle Sr. was angry enough with the photographer that he would kill him if diagnosed with terminal cancer.

The author wrote: "'I got screwed by Rayner,' said Markle, 'and I'm going to
find a way to screw him over before I die. I want to tear him down. If
they tell me I've got terminal cancer, then I'll kill him because I have
nothing to lose'."

Meghan Markle, Thomas Markle and Brother
Meghan Markle attends the Invictus Games The Hague 2020 at Zuiderpark, in the Netherlands, on April 17, 2022. Tom Markle Jr. (inset left) has applied for a limited conservatorship over Thomas Markle Sr. (inset right). Chris Jackson/Getty Images for the Invictus Games Foundation/Gilbert Carrasquillo/Getty Images/YouTube

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Jack Royston is Newsweek's Chief Royal Correspondent based in London, U.K. He reports on the British royal family—including King Charles ... Read more

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