Understanding Conservatorships: Exploring the Legal Arrangement in Michael Oher’s Case

Former NFL player Michael Oher recently startled fans of “The Blind Side” by disclosing in court documents that the Tuohy family from Tennessee did not actually adopt him as portrayed in the 2009 film. Oher alleges that nearly 20 years ago, Leigh Anne and Sean Tuohy deceived him into signing documents that granted them conservatorship over him. These documents, which Oher believed were for adoption purposes, allowed the Tuohys to profit from his name and likeness. Oher is now seeking to end the conservatorship, stating that he is capable of managing his own affairs.

In response to Oher’s petition, Sean Tuohy stated that the family would be willing to end the conservatorship if Oher desires. Understanding the concept of a conservatorship is crucial in comprehending Oher’s case. A conservatorship is a legal process where a court appoints a conservator to make decisions on behalf of someone who is a minor, has a disability, or cannot make decisions independently. This transfer of decision-making authority is intended to aid individuals who encounter difficulties or age-related disabilities.

One prominent example of a conservatorship is that of singer Britney Spears, who recently had her conservatorship terminated after nine years. The number of people living under conservatorships across the United States is challenging to determine due to variations in state laws. Nevertheless, these legal arrangements are often authorized when individuals face challenges or disabilities.

Contrary to adoption, conservatorships do not establish a familial relationship. The conservator is granted decision-making power without the individual becoming a permanent member of the conservator’s family. In Oher’s case, he signed the necessary legal documents in 2004 to grant the conservatorship to the Tuohys. Adoption laws vary by state, with some states imposing age limitations. However, Tennessee allows adults to adopt individuals over the age of 18.

Conservatorships also impact the person’s financial affairs. Conservators have authority over the finances and personal matters of the individual under their care. Oher claims that the Tuohy family has profited from his name and likeness through the book and film adaptations of “The Blind Side,” while he has not received any compensation. He argues that ending the conservatorship is necessary to prevent the Tuohys from continuing to profit from his name.

Apart from Britney Spears, Amanda Bynes, another notable actress, recently succeeded in terminating her conservatorship, granting her full control over her medical, financial, and personal decisions.

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