Conservatorship: Controversial legal measure in The Blind Side and Britney Spears.

Former NFL Lineman Michael Oher Sheds Light on Controversial⁢ Conservatorships

Former NFL lineman Michael Oher has recently brought the topic of conservatorships back into the public eye. Oher filed for an end to a conservatorship that he claims he was ⁢deceived into. This ⁣legal measure has sparked controversy⁣ as it grants a court-appointed individual the authority to make financial, personal, and medical decisions on behalf of an adult or child.

Conservatorships primarily apply to individuals who are children, elderly, or‍ severely mentally disabled. The issue gained significant ⁢attention‍ in ‌2021 when pop star Britney Spears sought to terminate her 13-year conservatorship.

Understanding Conservatorships and the Key Legal⁣ Cases

So, what exactly is a conservatorship and how is it established? Conservatorships are intended for individuals who suffer from mental, psychological, or emotional disabilities that hinder their decision-making ‍abilities and put them at risk. The specific laws surrounding conservatorships vary from state to state, but generally, a petition must be filed in court to demonstrate why the person ⁤in question is incapable of managing their own affairs. The court then investigates the individual’s capacity and determines ‌whether appointing⁣ a conservator⁢ is necessary, as‍ explained by the⁣ Family Caregiver Alliance.

Periodically, an ⁣investigator reviews the case to assess whether the conservatorship remains justified. However, in Spears’s case,‍ her ​conservatorship was labeled as “indefinite.”

There are two main types of conservatorships. An estate⁢ conservatorship focuses on managing significant financial transactions, while a conservatorship of the person grants legal control over the individual’s day-to-day activities, such as their living arrangements, meals, and ​transportation.

According to the Guardian, approximately 1.3 million adults in the United ‌States were under some form of conservatorship in 2021, with the elderly and children being the most common recipients.

Michael Oher’s Experience

Michael Oher, the former offensive lineman who inspired the book and film The Blind Side, revealed that he was deceived into signing⁢ forms‌ at the age of 18. He believed these documents were part of his legal adoption process, making him an official member of the Tuohy family. However, in February, he discovered forms that exposed the‍ conservatorship without any adoption.

The ‍conservatorship granted the Tuohy family the authority to make financial decisions on Oher’s behalf, including signing contracts ⁣related to education and sports. Oher claimed ‌that ⁢the conservatorship allowed the family to secure a movie deal with a major⁢ studio without providing him any royalties.

“By obtaining a conservatorship, the court essentially declared that any decision Oher made independently,‌ such as obtaining ​a driver’s license, managing finances, or entering‍ into contracts, would be considered‌ null and void,” explained Jeffrey⁣ Asher, a conservatorship and estate planning attorney based in New York, in an interview with‌ Today.

Ashwani Prabhakar, a trusts‌ and‍ estates attorney also‌ based in New York, acknowledged that conservatorship laws vary across states. However, he emphasized the importance of proving that an individual is incapable‌ of making certain decisions, stating that it should be a ⁤high ⁣bar to strip someone of their right to self-determination.

Britney Spears’s Battle

Britney Spears endured a 13-year conservatorship that began when she was just⁤ 26 years old. A ⁤judge placed her under the care of her father, ‍Jamie Spears, and an attorney. Her conservatorship encompassed both ‌her finances and ⁣personal life, with her father overseeing her day-to-day activities and even controlling ⁤her place of ‌residence.

The conservatorship was established ‍in 2008 following a series of controversial incidents involving the pop star, including shaving her head after the loss of an ⁣aunt and being placed under psychiatric holds. Prior‍ to the conservatorship, ⁢Spears had also lost custody of her two sons.⁢ Similar to Oher’s case, ⁢Spears’s conservatorship was marked as “indefinite.”

In 2021, Spears was finally released from the conservatorship.

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