Unpacking the Blind Side Conservatorship Case
You may have seen the Blind Side conservatorship case involving Michael Oher and Sean and Leigh Anne Tuohy in the news. As the story unfolds, more people learn about the dangers of signing legal documents they don’t understand. The latest break in the story tells how the Tuohy family enriched themselves as his adoptive parents while setting up a conservatorship.
Many Americans and people across the globe learned about conservatorships from the #FreeBritney story about the conservatorship James Spears managed for his daughter. With the recent news about the Tuohys being conservators rather than his adoptive parents, public interest in the case is soaring.
Navigating the Intricacies of the Blind Side Case
The story in the movie portrays Michael Oher as a struggling student from a poor neighborhood taken in by the generous Tuohys, who discovered he had a natural talent for football. In the movie, Sean and Leigh Ann Tuohy adopt Oher as he chooses which college to attend on a football scholarship among accusations of illicit recruiting for the family’s alma mater, Ole Miss.
Oher previously had issues with his portrayal in the movie and, in February of this year, only just discovered that the Tuohys were only representing themselves as his adoptive parents. He has filed a petition to dissolve the conservatorship, citing that he was never assessed for physical or psychological disabilities and demanding a full accounting of his earnings and assets since the start of the conservatorship.
Conservatorship vs. Guardianship | Understanding the Difference
When a person suffers legal incapacitation due to physical or psychological disabilities from a medical condition, accident, or developmental disability, they may need someone else to make decisions on their behalf. When comparing conservatorship and guardianship, what is the difference?
A conservator manages a person’s finances and assets, while a guardian makes life and health decisions for an incapacitated person. In the Blind Side conservatorship case, many attorneys across the country are wondering what judge would approve such an arrangement without appropriate reason to do so. Oher was over 18 at the time and had no physical or psychological impairment.
Insights From a Michigan Estate Planning Attorney | The Blind Side Case Examined
At The TGQ Law Firm, Terrence Quinn, a Michigan estate planning attorney, reviewed the case. He raised several questions regarding the typical use of a conservatorship compared to how the Tuohy family implemented their conservatorship over Oher’s assets and earnings. Some questions raised include:
- Why did the Tuohys claim they were adopting Oher when filing for conservatorship?
- Why did the Tuohys pursue conservatorship in the first place?
- How did the conservatorship circumvent the NCAA recruiting rules for Oher to attend Ole Miss?
- How did the Tuohys manage his earnings for the last 19 years?
- Why didn’t the judge look into why Oher was willing to sign away his rights if the Tuohys didn’t allege that he was incapable of handling his assets?
- Why weren’t accounts filed annually with the court?
Lessons From the Blind Side Conservatorship Case
The Blind Side conservatorship case is a developing news story, and a final decision has not yet been reached. As with the #FreeBritney campaign, Oher may find that positive public opinion can work in his favor in pursuing emancipation from his conservatorship. However, the strange approval of the conservatorship despite Oher having no physical or mental disorder could mean a prolonged legal battle.
The Tuohy family’s attorneys and people close to the family describe a different story, claiming the family intended to complete the adoption process but that the timing was never right. The main thing anyone can take away from this story is to have a lawyer review any document before you sign.
Safeguard Your Estate Today With The TGQ Law Firm
The Blind Side conservatorship case is complex. If you become incapacitated by a sudden ailment or accident, do you want the court to appoint a conservator or guardian? You can name a durable power of attorney beforehand to manage your finances and health decisions. A durable power of attorney becomes effective only when you become legally incapable of making decisions or communicating your wishes.
For more information about estate planning for incapacity, contact us at The TGQ Law Firm in Ann Arbor, MI, at (734) 707-3232 or schedule a free consultation online.
Disclaimer: This article is not intended to be legal advice. Everyone’s situation is different and legal advice is only properly given after having reviewed your specific situation.
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