Update
The probate case is closed in Shelby County Probate Court as of November 14, 2023. Per a scheduling Order filed on October 29th the plaintiffs have until November 28th to file any objections, with a status conference to be held November 29th at 9 am. However, since the case is recorded as closed these dates are possibly moot.
The Preliminary Statement of Accounting for the Touhy's was filed stated the "book and money proceeds were to be split five ways" it continues, "the Tuohy's have never received any money as conservators on behalf of Michael Oher and never had control over any funds or any dealings on behalf of Mr. Oher during the entire term of the conservatorship." There is an accounting of the residual funds released with the Clerk's Report on Accounting with the addendum of checks for 2021 and 2022 have gone uncashed. See Below.
A Motion for Temporary Injunction was filed on November 14th requesting the removal of Michael Oher from the websites and other publicity venues of the Tuohy's per Tennessee Rule of Civil
Procedure §65.04, TCA §47-25-1101 to 47-25-1108 and Name Image and Likeness Rights. This would enjoin the couple from using Mr. Oher's image or name in promotion of themselves as well as other projects such as their charity.
Of the terminated conservatorship, Shelby County Tennessee probate judge Kathleen Gomes ended the conservatorship of Michael Oher. Gomes questioned that a conservatorship agreement was made with someone who was not disabled. Conservatorships in Tennessee are typically used to remove power from a person who has a medical condition or a disability. Oher’s conservatorship was approved even though he was 18 and had no diagnosed physical or psychological disabilities. "I cannot believe it got done,” said Gomes, adding that it should have been dissolved long ago. This order was entered September 29, 2023.
Case Summary
A conservatorship is a way for someone to get legal guardianship of an adult. Families often use conservatorships to deal with the mounting medical, financial and mental health needs of a incapacitated family member. The status of a conservatorship is dependent on the capacity of the individual to make their own decisions. Conservatorships became a hot topic due to the one Britney Spears lived under for more than decade.
Michael Oher, 37, filed his petition in Shelby County Tennessee probate court accusing Sean and Leigh Anne Tuohy of lying to him by having him sign papers making them his conservators rather than his adoptive parents nearly two decades ago. The initial petition for conservatorship of the person of Michael Oher was granted August 9, 2004. Oher is requesting that the conservatorship to be terminated, a full accounting of the money earned off his name and story to be done and to be paid what he is due, with interest. Oher's lawyers have subpoenaed documents from, 20th Century, Creative Arts Agency, Alcon Entertainment, Tuohy attorney, Debra Brahan and the Making it Happen Foundation in an effort to track down proof of enrichment. He is represented by Butler, Sevier, Hinsley & Reid, PLLC.
According to the petition filed by Oher concerning the duration of the conservatorship, the Petition indicated that “It is [Michael's] desire that the Petitioners be recognized as his legal guardians at least until he reaches the age of 25 or until terminated by order of this court prior to that time.” Despite that prayer, the Court appointed the Tuohys as Conservators to serve in that capacity until further orders of the court terminating the conservatorship. This lawsuit is essentially an attempt to end the conservatorship even though it should have ended already when Michael turned 25.
The controversy emerged as the 2004 order states that the conservatorship is indefinite, until its ending by the petition of either party. Another issue would be the name, image and likeness (NIL) rights alleged to have been signed by Oher with Fox. Name, Image, and Likeness is a legal concept addressing an individual's “right of publicity” — their ability to capitalize on anything that identifies them, including the ability to engage in third-party sponsorships and endorsements. Oher claims to have not signed this agreement but it is unclear why the Tuohy's would have abetted this contract when they have not negotiated any other for or about Oher and were the conservators of his person, not his estate.
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Oher married Tiffany Roy in November 2022 after dating for 17 years after meeting at Ole Miss. Oher and Roy share two children, and Oher is stepdad to Roy's two children from a previous relationship. |
In discussing the truthfulness of the story The Blind Side was telling, Alcon Entertainment's Broderick Johnson and Andrew Kosove revealed “the business side of the equation” in great detail, addressing the profit participations (or lack thereof) at the crux of Oher’s suit. “The deal that was made by Fox for the Tuohy’s and Michael Oher’s life rights was consistent with the marketplace at that time for the rights of relatively unknown individuals,” their statement read in part. “Therefore, it did not include significant payouts in the event of the film’s success. As a result, the notion that the Tuohys were paid millions of dollars by Alcon Entertainment to the detriment of Michael Oher is false.”
Of the movie, The Blind Side, Oher stated,
"That's what the story is for, To give hope to people who don't believe they have a regular spot to fit into within society. To give people hope that you can come from the slums, the projects, or wherever and that you can still prevail beyond all doubt and negativity and be successful. You just have to put your head down and get to work on what really matters and silence the distractions around you. From what I've heard, that is exactly what Jordan did. Basically, he chose to silence all the doubters who said he was too big to move skillfully on the field."
In regards to their role as conservators of Oher's estate their lawyer, Steve Farase stated, “The Tuohys did not control any of Mr. Oher’s finances. Mr. Oher picked his own agent. Mr. Oher signed his own contract, negotiated it through his agents. They don’t need his money. They’ve never needed his money.”
Tennessee Court Rules: Conservatorships - T.C.A. 34-3-104
- There are no universal forms approved for use in Tennessee.
- The statute specifies the contents of the Petition.
- The Petition must be signed and sworn by the Petitioner.
The Response from the Tuohys
Citing Michael Oher’s own 2011 book, I Beat the Odds, it “clearly indicates that he was fully aware that the Tuohys were appointed as conservators.” But while the Tuohys did acknowledge that they occasionally referred to Oher as an “adopted son,” they said it was done “in the colloquial sense and they have never intended that reference to be viewed with legal implication.”
Why the conservatorship of the person is used
- The need for family stability and legal relationships
- Consent to treatment
- Application for benefits
- Decision making at care facilities
- Educational decisions
Why not Adopt?
Rights of survivorship
If any property, whether a bank account or other asset has what is termed the “right of survivorship,” it will pass directly to the surviving owner. If not, the share of the asset(s) belonging to the deceased owner is distributed through his or her estate. Adoption would have granted Michael Oher the same rights as the Tuohy's natural children. Because of the brevity and casual nature of their relationship with this nearly adult stranger, adoption would create unnecessary legal complications in case of incapacity or death for the Tuohy's.
Financial Aid for Michael Oher
If the Tuohy's had adopted Michael, they'd be financially responsible for him at whatever school he went to. He was accepted at Ole Miss., however their income would be considered for his financial aid package. Oher's grade-point average (GPA) was too low to meet the requirements for a Division I scholarship at the time of an offer from Ole Miss. This was corrected by him taking online classes, however, adoption might have changed his scholarship eligibility and offer based on the Estimated Family Contribution (EFC) factored in when applying for financial aid.
Individual colleges or universities award athletics grants-in-aid (scholarships) on a one-year, renewable basis. They may be renewed for a maximum of five years within a six-year period of continuous college attendance. Aid can be renewed, canceled or reduced at the end of each year for many reasons. It would leave the Tuohy's responsible for him if his "scholarship" was cancelled. However un-adopted, he could continue at Ole Miss. or go elsewhere with only his own and mother's income as factors.
Duties of Conservator of a Person in Tennessee
Act in the Ward’s Best Interests: This is a high standard of fiduciary responsibility. The conservator must act in the ward’s best interests at all times. As a fiduciary, the conservator cannot use his/her position for his/her own benefit.
Protection of the Ward: Often the conservator’s most important responsibility is to see that the ward is living in a safe environment.
Health Care: Unless the conservatorship order reserves medical authority to the ward who has mental capacity or there is already another health care agent for the ward, the conservator is responsible for all the health care needs of the ward, including both medical and psychiatric. If the ward appointed a health care agent through an advanced directive or other document, that agency is not cancelled by the conservatorship, and the previous health care agent is still in charge of medical matters.
Duties of Conservator of the Estate in Tennessee
Annual Accounting: The conservator must submit a sworn accounting within thirty days after the six-month anniversary of the conservator’s date of appointment by the court and annually thereafter. The accounting includes both a statement concerning a disabled ward’s physical and mental condition, which demonstrates whether the need for a conservatorship remains, and a financial accounting. Financial accounting requires copies of all checks, bank statements and the supporting information about income and expenses must be delivered to the clerk for careful review. Any revisions to the management plan are thereafter submitted to the judge for approval.
Inventory of Assets: The conservator of the estate is required to manage the assets of the ward and to file with the court an inventory of those assets. All bank and investment accounts would be transferred into the conservator’s name for the benefit of the ward.
Management Plan: The conservator of the estate is required to develop a budget and a property management plan for use of the assets of the ward for the coming year. Only prudent investments and expenditures outlined in the plan and subsequently approved by the judge would be allowed.
Closing the Estate: Upon the ward's death, the
conservator is responsible for seeing to the burial, in concert with family members, and thereafter must prepare a final accounting
for the court before they may be discharged from conservator responsibilities.
The Book
Published September 2, 2006, the book is a discussion about how offensive football strategy has evolved in large part due to linebacker Lawrence Taylor's arrival in the 1980s and how this evolution has placed an increased importance on the role of the offensive left tackle. The "blind side" title comes from quarterbacks standing with their left shoulder facing down field if right-handed. So, they turn their backs to linebackers and other defenders pass rushing from the left side, creating a vulnerable "blind side" that the left tackle must protect. Taylor's speed and power changed the role of outside linebacker to become a more attacking, aggressive position. This in turn caused teams to emphasize larger and more agile left tackles.
Michael Oher, the former left tackle for the Ole Miss football team, and later right tackle for the Baltimore Ravens is featured. Lewis follows Oher from his impoverished upbringing through his years at Briarcrest Christian School, his purported adoption by the Tuohys and his rise a highly coveted prospect in college football.
The Movie
The Blind Side is a 2009 American sports drama film written and directed by John Lee Hancock. Is best described as a well-to-do white family (Sandra Bullock, Tim McGraw) takes in a homeless black teen named Michael Oher (Quinton Aaron) and helps him realize his potential on and off the football field.
Based on part of the book The Blind Side: Evolution of a Game by Michael Lewis, the film tells the story of Michael Oher, a football tackle who overcame an impoverished upbringing to play in the National Football League (NFL) with the support and guidance of Leigh Anne and Sean Tuohy.
The Blind Side was produced by Alcon Entertainment and released by Warner Bros. The film's production budget was $29 million and has a reported gross of $255.96 million in the U.S. and Canada and $309,231,694 worldwide according to IMDb. The film premiered on November 17 in New York City and New Orleans and into wide release November 20.
