Blind Sided: Michael Oher’s Battle Against Conservatorship
The heartwarming tale of a Tennessee family opening their home to a homeless teenager was introduced to the public when author Michael Lewis released his book The Blind Side: Evolution of the Game.[1] In 2009, the touching narrative was adapted into a critically acclaimed film, captivating the hearts of many.[2] However, recent news paints a grimmer picture of what really happened between the NFL star Michael Oher and the Tuohy family who took him in when he was in high school.
What is a Conservatorship?
In recent years, conservatorships have been at the forefront of popular news stories, with the “Free Britney” movement, surrounding pop star Britney Spears, serving as a prominent example of conservatorships manipulating people into releasing their financial independence.[3] But what exactly is a conservatorship?
Although the specifics of a conservatorship can vary on a case-by-case basis, a conservator generally assumes control over the conservatee’s decision-making when a court decides the conservatee cannot do so for themselves.[4] In Tennessee, where Oher’s conservatorship began, the state defines a conservatorship as a proceeding where the court “removes the decision-making powers and duties, in whole or in part, in the least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators.”[5] This definition raises questions about why the conservatorship over Oher, a fully functional and competent adult, was ever granted.
The Allegation
In August 2023, news that a pivotal aspect of the Oscar-winning movie was not accurate entered the entertainment news scene. Oher filed a petition in a Tennessee court, stating that the Tuohys never actually adopted him; instead, Leigh Anne and Sean Tuohy deceived him into appointing them as his conservators.[6] Oher alleges that the Tuohys saw him as “a gullible young man whose athletic talent could be exploited for their own benefit.”[7] The petition states that Oher was tricked into signing a document that gave Leigh Anne and Sean Tuohy “total control over Michael Oher’s ability to negotiate for or enter any contract, despite the fact he was over 18 years of age and had no diagnosed physical or psychological disabilities.”[8] The court filing also revealed that Oher only learned he was never legally adopted in February of 2023.[9] He signed the conservatorship papers, believing they were necessary in the adoption process.[10]
The conservatorship enabled the Tuohys to negotiate with Fox, on Oher’s behalf, for the rights to his life story, which led to the production of the 2009 movie The Blind Side.[11] This attorney was also a close family friend of the Tuohys.[12] Oher additionally contends that there is a 2007 amended agreement with what appears to be his signature (or a potentially forged one) in which he gave Fox exclusive rights to his story and image with no compensation.[13]
Oher asked the court to (1) terminate the conservatorship, (2) order the Tuohys to account for their benefits based on Oher’s name, image, and likeness throughout the conservatorship, (3) grant an injunction prohibiting the conservators from using his name, image, and likeness, and (4) require the Tuohy family to pay Oher compensatory and punitive damages.[14]
The Tuohy’s Response
The family’s explanation for the agreement is that it was intended to maintain Oher’s eligibility to play football at the University of Mississippi.[15] The Touhy’s claim that they used the conservatorship as a way to avoid violating N.C.A.A. rules, given their significant donations to the University.[16] These donations could have prevented Oher from playing football due to the N.C.A.A. ban on providing benefits to recruits.[17] The fear was that Oher living with the Tuohys would be seen as one of these benefits.[18] In response to Oher’s allegations, the Tuohys contend that they never promised to formally adopt Oher; they only used the word in an informal sense as a way to describe their relationship.[19] Despite the stated motives, the conservatorship continued after Oher’s time at the University had ended.[20]
Neither Sean nor Leigh Anne Tuohy ever fulfilled the requirement to provide annual accountings, and as stated in the petition, they “flagrantly disregarded their statutory and fiduciary duties.”[21] The Tuohys’ failure to take action in terminating the conservatorship or addressing the conflict of financial interest that arose during negotiations for the movie deal could potentially bolster Oher’s claims in upcoming litigation. In response to Oher’s petition, the family publicly stated they are willing to end the conservatorship.[22]
The Result
Judge Kathleen Gomes, presiding over the case in Shelby County Probate Court, ruled in favor of terminating Sean and Leigh Anne Tuohy’s conservatorship over Oher.[23] According to the Associated Press, Judge Gomes said “she was disturbed that such an agreement was ever reached. She said she had never seen in her 43-year career a conservatorship agreement reached with someone who was not disabled.”[24] While the conservatorship has ended, the case is not dismissed.[25] Litigation will continue to address Oher’s other allegations, his request for compensatory and punitive damages, and an account of the money made from The Blind Side, which Oher claims the Tuohys withheld from him.[26]
Footnotes
