Former NFL standout and inspiration for the box office sensation “The Blind Side,” Michael Oher made headlines around the globe earlier this week when he revealed that his adoption never happened and that the Tuohy family duped him into believing he was adopted, only to sign over conservatorship documents instead.
Oher alleges that the Tuohy family profited from his name and likeness and believes they purposefully deceived him to gain wealth from his name and status.
What Is Conservatorship?
The legal filing requests an end to the conservatorship. Additionally, Oher wishes to manage his own finances and receive payment for funds he believes were taken by the Tuohy family over the years.
Many have been captivated by this storyline and are stunned by how this story has unfolded.
Conservatorship is a legal term where a court appoints a person to manage the personal and financial affairs of a minor or incapacitated individual. A conservator can also serve as a guardian, responsible for establishing and monitoring the physical care of the individual, including managing their living conditions.
Powers granted to the conservator include housing, healthcare, personal care, meals, transportation, housekeeping, education, and recreation.
Some may confuse conservatorship with guardianship. These two are not the same, however, someone can serve both roles. Conservatorships can be general or limited.
What Are General and Limited Conservatorships?
A general conservatorship is when the person under conservatorship, known as the conservatee, has little to no decision-making powers.
A limited conservatorship, meanwhile, allows the conservatee to oversee the majority of their affairs, personal and financial, except what the court orders the conservator to manage.
What Types of Conservatorships Are There?
There are two types of conservatorships. The first type is for an individual, as in Oher’s case. The second type is for a business or organization.
A court will establish a conservatorship for a minor or a person with physical or intellectual disabilities. Individuals needing a conservatorship may include people who struggle with dementia, psychosis, or are suicidal.
Conservatorship is also an option for individuals who are elderly, specifically if they face battles with Alzheimer’s or dementia. To establish whether an individual meets the criteria for conservatorship, the court must determine the mental capacity of the individual, normally with the expertise of a physician, psychologist, or psychiatrist.
The professionals utilized in cases like this typically have extensive experience with dementia. Every diagnosis or determination has to be documented and verified before a court can grant conservatorship.
In some cases, the person subject to the conservatorship can sue to have it removed, as in the Michael Oher case. Another high-profile example of an individual suing to remove conservatorship was music and recording star, Britney Spears.
Spears had some public mental breakdowns, and at that point, her father was granted conservatorship of her finances and personal decision-making. After 13 years of conservatorship, the judge ruled to end the conservatorship, and Spears regained control of her finances.
In the case of organizations or corporations, a statutory or regulating body can create a conservatorship. In the case of government control of private organizations or corporations, a conservatorship is obtained temporarily.