Topline
Michael Oher, the retired NFL lineman whose story of rags to riches was documented in the critically acclaimed film The Blind Side recently filed a 14-page petition in a Shelby County, Tennessee, court alleging the movie was a lie as the family did not adopt him, but became his conservators—here’s what to know about the legal practice.
Michael Oher accused Sean and Leigh Anne Tuohy of tricking him into making them his conservators. … [+]
Key Facts
In the state of Tennessee, where Oher is from, the state Department of Intellectual Disabilities permits conservatorship for people who are over 18 or impoverished, among other eligibility requirements.
Oher alleges that, instead of adopting him, Sean and Leigh Anne Tuohy made him sign conservatorship papers when he turned 18 years old in 2004.
Tennessee law allows conservators to enter contractual relationships on behalf of the respondent, apply for benefits on their behalf and pay their bills and invest their income.
Oher’s filing alleges him signing the conservatorship agreement—which he said he was tricked into, believing it was similar to adoption—was how the Tuohy co-conservators were able to broker the deal for The Blind Side with Twentieth Century Fox, which got the couple and their two biological children $225,000 payments and 2.5% in residuals, though Oher says he has not profited at all from the blockbuster hit due to unknowingly signing over the rights to his life story to Fox in 2007.
Conservators can either be established for the care of an adult (as a conservator of the people) or for the management of a person’s finances (as a conservator of the estate), and some, such as in the case of pop star Britney Spears, are involuntary and the court appoints them based on the person’s mental illness, deficiency or disorder or chronic use of drugs, among other reasons.
The Tuohys were appointed as co-conservators of the person, which gave them full access to Oher’s medical and school records, allowed them to make medical and educational decisions for him and prohibited Oher from entering contracts without their approval.
Oher played in the NFL from 2009 to 2017 with teams such as the Baltimore Ravens, with whom he won the 2013 Super Bowl ring with, the Tennessee Titans and the Carolina Panthers, with whom he appeared in the 2016 Super Bowl with.
Key Background
Conservatorships require petitions, or a filing meant to protect the person who needs assistance. Court documents show that the Tuohys filed a petition in which both Oher and his biological mother, Denise Oher, joined in, to vouch for the Tuohys appointment of conservatorship over Oher. The conservatorship was approved on December 7, 2004. Oher alleges that he was manipulated into believing this petition was a part of the adoption process. He says that, while attending Briarcrest Christian School in Tennessee, he was an esteemed basketball and football player with decent grades and the recipient of numerous college football scholarship offers, and many people at the school and their families stepped up to help him, including the Tuohys. Oher claims the Tuohy family allowed him to move in with them, refer to them as mom and dad, said they loved him and had intentions to adopt him, but they did not present him with legal information until he was an adult by the summer of 2004, which was the conservatorship petition that Oher claimed was unbeknownst to him until February 2023. Sean Tuohy said Monday he was “devastated” by Oher’s move, telling the Daily Memphian “the allegations are insulting” and the family would “of course” end the conservatorship. Forbes reached out to the Tuohy family for comment.
Tangent
Spears was under an involuntary conservatorship for 13 years, in which her father was in control of her estate and medical decisions due to public outbursts that raised concerns about Spears’ mental health. Spears’ push to be removed from the conservatorship became a national phenomenon, leading to protests outside of Los Angeles court appearances with supporters heralding #FreeBritney.
Further Readings
Ex-NFL Lineman Michael Oher Says ‘Blind Side’ Story Was A ‘Lie,’ Accuses Family Of Tricking Him Into Financial Deal (Forbes)
Britney Spears Invited To Discuss Conservatorships With Congress (Forbes)
Source: https://www.forbes.com/sites/darreonnadavis/2023/08/14/what-to-know-about-conservatorships-how-others-profited-from-the-success-of-former-nfl-lineman-micahel-oher-pop-star-britney-spears/