By: Chloe Clifford, Staff Writer
Photo courtesy of unsplash.com
The legality and ethics surrounding conservatorships have gained national attention in recent years, most notably with Britney Spears.[1] Recently, another national headline has involved conservatorships. Michael Oher is the most recent example of such a case where a well-known figure comes out accusing family or a close acquaintance of abusing a conservatorship.[2]
Before he filed his conservatorship lawsuit, Michael Oher, was most recognized for being the inspiration for the movie, The Blind Side.[3] Oher had a rough beginning, with his father frequently incarcerated and his mother suffering from a cocaine addiction.[4] In high school, Sean and Leigh Anne Tuohy took in Oher.[5] During his junior and senior years of high school, Oher began to excel in football, receiving first team All-America honors from USA Today and the opportunity to play in the U.S. Army All-America Bowl.[6] Oher ended up receiving numerous scholarship offers from Tennessee, Louisiana State University, Alabama, North Carolina State, University of Mississippi and others. [7] During his senior year of high school, Oher’s father was murdered.[8] Oher later accepted a scholarship to the University of Mississippi where he became a football star, earning All-SEC each of his four years.[9]
In 2009, Oher was drafted by the Baltimore Ravens as the overall 23rd pick.[10] Oher and the Ravens agreed to a five-year, $13.8 million contract in July of 2009.[11] In the NFL, Oher again quickly became a football star.[12] In 2013, he won a Super Bowl ring when the Ravens beat the San Francisco 49ers.[13] Throughout his career, Oher played for other teams including the Tennessee Titans and the Carolina Panthers.[14] While with the Panthers, he played in his second Super Bowl, although they were ultimately defeated by the Denver Broncos.[15] In 2017, Oher’s NFL career ended when he was released from the Panthers due to suffering repeated injuries.[16] Oher married his long term girlfriend, Tiffany Roy in 2022, after dating for 17 years.[17] The couple shares two sons and two daughters.[18]
In August of 2023, Oher again made headlines when he filed a petition in court to end his conservatorship with Sean and Leigh Anne Tuohy.[19] Oher alleged that he was tricked into signing the conservatorship agreement, as the Tuohys represented it as the only way for them to adopt him since he was 18 years old at the time.[20] A conservatorship is a legal processes for those who cannot take care of themselves to have a court-appointed guardian to help conduct their affairs.[21] This is typically only done after a court has determined that the individual cannot take care of themselves.[22] In this case, Oher is requesting several forms of relief from the court. He is petitioning to have his conservatorship ended, an injunction to bar the Tuohys from using his name or likeness, a full accounting of the money that the Tuohys earned using his name, and payment from the Tuohys for profits along with damages.[23]
The Tuohys have vehemently denied the accusations in Oher’s lawsuit and stated that they will not oppose his request to end the conservatorship.[24] The couple has continued referring to Oher as their son and called Oher’s claims “hurtful and absurd.”[25] Their attorney, Martin Singer, released a statement saying,
In reality, the Tuohys opened up their home to Mr. Oher, offered him structure, support, and, most of all, unconditional love. They have consistently treated him like a son and one of their three children. His response was to threaten them, including saying that he would plant a negative story about them in the press unless they paid him $15 million.[26]
The attorney additionally alleged that the Tuohys consistently gave Oher an equal cut of every penny that they received and that they were honest with him about what the conservatorship would mean.[27] Further, he alleged that Oher is using these allegations and the lawsuit to increase attention for his latest book tour.[28]
Some legal analysts have stated that they are confused about how and why the conservatorship was allowed in the first place since the documents specifically state that Oher did not suffer from any physical or psychological disability.[29] Further, they point out that Tennessee does allow for adult adoptions and that there were less restrictive means of achieving the stated goal, such as having a power of attorney.[30]
The legal case is ongoing so it is unclear how it will end. However, this case will once again shine light on the legal and ethical issues surrounding conservatorships, with many calling for changes in the system.[31]
[1] https://www.bbc.com/news/world-us-canada-53494405
[2] https://www.espn.com/nfl/story/_/id/38190720/blind-side-subject-michael-oher-alleges-adoption-was-lie-family-took-all-film-proceeds
[3] https://www.biography.com/athletes/michael-oher
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] https://www.sportskeeda.com/nfl/michael-oher
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Id.
[18] Id.
[19] https://www.usatoday.com/story/sports/nfl/2023/08/15/michael-oher-conservatorship-what-to-know-about-blind-side-lawsuit/70594251007/
[20] Id.
[21] Id.
[22] Id.
[23] https://www.newsweek.com/what-we-know-michael-oher-new-legal-petition-1819657
[24] https://www.vulture.com/article/blind-side-michael-oher-conservatorship-lawsuit-explained.html
[25] Id.
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] Id.
[31] https://www.forbes.com/sites/nextavenue/2021/08/06/how-to-fix-conservatorship-in-america/
