Judge ends conservatorship between Michael Oher and Memphis couple.
Former NFL Player Michael Oher’s Conservatorship Agreement Ended by Tennessee Judge
In a highly-publicized legal battle, a Tennessee judge has decided to terminate the conservatorship agreement between former NFL player Michael Oher and the Memphis couple, Sean and Leigh Anne Tuohy, who took him in during his high school years. However, the dispute over financial matters will continue to unfold.
Judge Kathleen Gomes of Shelby County Probate Court made the decision to end the 2004 agreement that granted the Tuohys control over Oher’s finances. At the time, Oher was 18 years old and living with the couple while being recruited by colleges as a talented high school football player. Their inspiring story was later adapted into the film “The Blind Side,” which earned Sandra Bullock an Oscar.
While terminating the agreement, Judge Gomes emphasized that the case itself was not dismissed. Oher has requested a financial accounting from the Tuohys, alleging that they used his name, image, and likeness for personal gain and misled him about the nature of the agreement, falsely claiming that it meant they were adopting him.
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A conservatorship in Tennessee involves removing decision-making power from an individual, typically due to a medical condition or disability. However, Oher’s conservatorship was approved despite him being over 18 years old and having no diagnosed physical or psychological disabilities, as stated in his petition.
Judge Gomes expressed her concern over the fact that such an agreement was ever established, stating that in her 43-year career, she had never encountered a conservatorship agreement with a non-disabled individual. She remarked, “I cannot believe it got done.”
Oher and the Tuohys were present via video conference but did not speak during the proceedings. Both parties’ lawyers agreed that the agreement should be terminated, but the case will proceed to address Oher’s claims. Judge Gomes emphasized that it should have been resolved long ago.
Last August, Oher, now 37, filed a petition accusing the Tuohys of deceiving him by having him sign papers designating them as his conservators instead of his adoptive parents nearly two decades ago. Oher sought the termination of the conservatorship, a full financial disclosure regarding the use of his name and story, and the payment of what he is owed, along with interest.
According to Oher, the Tuohys kept him unaware of financial transactions related to his name, image, and likeness throughout the 19-year duration of the agreement.
The Tuohys vehemently denied the allegations, describing them as outlandish, hurtful, and absurd, suggesting that Oher’s claims were part of a “shakedown.” In their court filing, the affluent couple stated that they loved Oher like a son, providing him with food, shelter, clothing, and cars while he lived with them. However, they denied ever stating their intention to legally adopt him.
The Tuohys acknowledged that they occasionally referred to Oher as a son and that Oher referred to them as “mom and dad.” They clarified that any references to Oher as an adopted son were meant colloquially and not with legal implications.
According to the Tuohys, the conservatorship was established to comply with NCAA rules that would have prevented Oher from attending the University of Mississippi, where Sean Tuohy had excelled as a basketball player.
The Tuohys also disputed Oher’s claim that he only discovered in February that he was not adopted. They pointed to Oher’s 2011 book, “I Beat the Odds,” which indicated his awareness of the conservatorship appointed to the Tuohys.
The couple’s lawyers revealed that the Tuohys received a small advance from the production company of “The Blind Side,” based on a book written by Sean Tuohy’s friend, Michael Lewis. This advance included a portion of the net profits, which was divided equally among a group that included Oher.
According to the attorneys, each of the Tuohys and Oher received an estimated $100,000, with the couple paying taxes on Oher’s share on his behalf.
The Tuohys’ filing stated that they never signed any professional football contracts on Oher’s behalf and that he was content with the financial arrangements resulting from “The Blind Side.”
Oher, who was selected as the 23rd overall pick in the 2009 NFL draft from the University of Mississippi, spent his first five seasons with the Baltimore Ravens, winning a Super Bowl. He played a total of 110 games over eight NFL seasons, including 11 starts for the Tennessee Titans in 2014. Oher concluded his career with the Carolina Panthers.
What questions arise regarding Michael Oher’s financial situation and awareness of the decisions made on his behalf in the terminated conservatorship agreement?
They provided Oher with financial support and opportunities that he would not have had otherwise. They argued that they acted in Oher’s best interest and were transparent with him about the conservatorship agreement.
The termination of the conservatorship agreement raises questions about Oher’s financial situation and the extent to which he was aware of the financial decisions being made on his behalf. It also brings to light the ethical and legal implications of conservatorship agreements involving non-disabled individuals.
This case draws attention to the issue of exploitation in the sports industry, where young athletes are often taken advantage of for their talent and potential financial gains. It raises concerns about the duty of caregivers and guardians to act in the best interest of the individuals they are entrusted with.
Now that the conservatorship agreement has been terminated, the focus of the case will shift towards resolving the financial disputes. Oher is seeking a full financial accounting from the Tuohys to determine the extent of their financial involvement and any potential monetary compensation he may be owed.
The outcome of this case will have significant implications for both Oher and the Tuohys, as well as for the broader discussion around conservatorship agreements. It highlights the need for greater transparency and accountability in such arrangements, particularly when it involves individuals who are not disabled.
As the case continues to unfold, it remains to be seen how it will impact Oher’s future and his relationship with the Tuohys. The termination of the conservatorship agreement marks a significant step in Oher’s pursuit of justice and financial autonomy, but the outcome of the financial disputes will ultimately determine the extent to which he can reclaim control over his own affairs.
This case serves as a reminder of the power dynamics and complexities involved in guardianship and conservatorship agreements. It highlights the importance of ensuring that individuals, regardless of their abilities, are protected from exploitation and have the freedom to advocate for their own interests.
As the legal battle continues, it is crucial that the rights and well-being of Michael Oher are prioritized and that the truth regarding his financial situation is unveiled. This case serves as a cautionary tale and a call to action for greater oversight and regulation in the realm of conservatorship agreements involving non-disabled individuals.
The termination of Michael Oher’s conservatorship agreement by the Tennessee judge is a significant development in his quest for justice and financial independence. It brings to light the complexities and potential abuses of power in the sports industry and serves as a reminder that everyone, regardless of their background or abilities, deserves to have control over their own affairs and to be treated with dignity and respect.
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