Despite BRITNEY SPEARS' seeming turn around – professionally and personally- she’s still legally branded as “mentally incapable” – and can’t wed longtime beau JASON TRAWICK.

Spears is still under the rigid conservatorship, enacted after a psychiatric meltdown in 2008 put Britney’s dad Jamie Spears in control of all her assets, finances, and decisions.

According to Spears’s parents, Brit remains "mentally incapable" of testifying in court, in a defamation lawsuit trial brought by former manager, Sam Lutfi against mom Lynn Spears.

 Meanwhile, Spears and her agent BF Trawick have been in a serious relationship for two years and Britney has said she’d bet marriedif “the timing is right.”

But Spears couldn't say "I do" if she wanted.

“For a legal marriage to take place in California, a person must have the ability to make legally binding decisions,“ California attorney David E, Wohl said.

"Just signing the marriage license requires this. Because Britney is under a conservatorship for all intents and purposes she cannot get married. The conservatorship would have to be set aside before she can legally tie the knot.”

And THAT is not happening anytime soon.