The Michael Oher Conservatorship Controversy
Michael Oher’s journey is an incredible story. He had a turbulent upbringing in foster care due to his mother’s struggles with addiction. Despite his difficult childhood, he became a football star at the University of Mississippi, a first-round NFL draft pick, and a Super Bowl champion in 2016. His life inspired the book and Oscar-winning movie The Blind Side. However, recent claims by Oher suggest discrepancies in the movie’s portrayal, alleging that the Tuohys, who cared for him in high school and managed his estate, never actually adopted him. Instead, they manipulated him into a conservatorship for their gain. The Michael Oher conservatorship controversy sparks debate about conservatorships, their necessity, and their implications for estate planning, pending further legal exploration.
What Is a Conservatorship?
A conservatorship is a court-ordered arrangement where a person or a group (known as conservators) gains court-ordered authority to oversee the affairs of another individual, referred to as a conservatee or ward. Typically, there are two acknowledged types of conservatorships in most jurisdictions.
1) A conservatorship of the person authorizes a conservator to manage the personal affairs of the conservatee.
2) A conservatorship of the estate grants the conservator the authority necessary to supervise the conservatee’s financial affairs.
In most cases, conservatees are children. However, they can also be adults deemed by the court to be unable to handle their financial or personal affairs. A petition by a friend or relative is submitted to the court to appoint a conservator. For adults, the petition must demonstrate the risk of injury due to an inability to manage daily needs or make medical decisions, or the threat of financial exploitation. After an investigation and a hearing, the court decides on the necessity of a conservatorship. If approved, a conservator is appointed.
Michael Oher’s Conservatorship
In 2004, just after Michael Oher turned 18 and before playing college football, a Tennessee court placed him under a conservatorship managed by the Tuohys. This arrangement granted the Tuohys extensive powers, preventing Oher from entering contracts without their approval. Due to Oher’s lack of known disabilities, legal experts find this conservatorship uncommon. In a recent petition to end the conservatorship, Oher alleged deception by the Tuohys. He claimed they misrepresented the arrangement as an adoption and profited from it through film royalties. He sought termination of the conservatorship along with a full accounting of assets, prohibition of the Tuohys from using his name, compensatory and punitive damages, and attorney fees.
Adopting Michael Oher would have integrated him fully into the Tuohy family, granting him legal equality with their biological children. Unlike a conservatorship, adoption would have allowed Oher full control over his financial matters. However, the Tuohys argue the conservatorship was necessary to help Oher with a driver’s license, health insurance, and the college admissions process. Further, they claim that they received legal advice preventing adoption due to Oher’s age. However, Tennessee has allowed adult adoption without birth parent consent for quite some time.
A Tennessee judge has finalized an order to terminate the conservatorship. Nevertheless, the legal battle regarding Oher’s allegations against the Tuohys remains unresolved and will proceed in court.
Conservatorships & Estate Planning
Conservatorships, exemplified by cases like Michael Oher’s, can spark family disputes regarding a conservator’s true intentions toward the ward. The drastic measure of transferring decision-making rights from an individual to someone else is typically reserved for dire circumstances. Due to its restrictive nature and the prolonged legal process, families might prefer to bypass conservatorship unless an urgent need arises that can’t be addressed through less invasive methods. For example, establishing powers of attorney for finances and healthcare in estate planning allows families to step in swiftly when needed, avoiding the necessity of a conservatorship.
Overlooking certain possibilities, even the uncomfortable ones, can lead to unforeseen outcomes. Ignoring estate planning considerations may restrict future choices concerning conservatorships, probate, and inheritance. Our skilled estate planning attorneys address these sensitive questions professionally and legally. We create plans that leave nothing to chance. To start planning today, contact our office to schedule your free consultation.