How Did Michael Oher's Conservatorship Work?
August 21, 2023 8:48 AM Subscribe
Leaving aside the "human interest"/malfeasance part of the Michael Oher/Tuohy Family story, I'm having a hard time understanding the logistics of how this would work.
How could Michael have been under a conservatorship his whole adult life and not known about it? Wouldn't there be some type of communication between the Court and the "conservatee" at some point?
How did he sign his NFL contracts and his marriage license and the paperwork to buy cars and houses? Are all those legal documents actually null and void?
How could Michael have been under a conservatorship his whole adult life and not known about it? Wouldn't there be some type of communication between the Court and the "conservatee" at some point?
How did he sign his NFL contracts and his marriage license and the paperwork to buy cars and houses? Are all those legal documents actually null and void?
It seems like the Tuohys never really used the conservatorship in the way that they're intended to be used. There's no indication that it was limited in scope, and this story specifically says that a power of attorney would have been more appropriate for what the Tuohys seem to have done.
Wouldn't there be some type of communication between the Court and the "conservatee" at some point?
I strongly suspect that if the Tuohys had tried to exercise the conservatorship, any court would have looked at the case and said He signed what? There don't seem to be good oversight requirements in Tennessee.
The answer to "How did this work?" appears to be "it didn't". The Tuohys were trying to get a talented football player to go to their alma mater, then realized they could make a few bucks off (some version) of the story, and Oher never realized exactly how they'd gone about doing that.
posted by Etrigan at 10:27 AM on August 21, 2023 [7 favorites]
Wouldn't there be some type of communication between the Court and the "conservatee" at some point?
I strongly suspect that if the Tuohys had tried to exercise the conservatorship, any court would have looked at the case and said He signed what? There don't seem to be good oversight requirements in Tennessee.
The answer to "How did this work?" appears to be "it didn't". The Tuohys were trying to get a talented football player to go to their alma mater, then realized they could make a few bucks off (some version) of the story, and Oher never realized exactly how they'd gone about doing that.
posted by Etrigan at 10:27 AM on August 21, 2023 [7 favorites]
It seems also like one of the aims of this conservatorship was for Michael to perceive that there was some legality/paperwork making him "officially" part of the Tuohy family. But, unlike a true adoption, a conservatorship would not make Michael eligible for any inheritance or other financial benefit that would (in theory) go to their children by default.
posted by knotty knots at 10:35 AM on August 21, 2023 [9 favorites]
posted by knotty knots at 10:35 AM on August 21, 2023 [9 favorites]
I became a voluntary conservator for someone a few years ago so I've recently gone through this process.
In CT, we have voluntary or involuntary conservatorship. Voluntary is with the conserved persons permission and can be cancelled by either side with 30 days notice but you still have to provide justification on why it's necessary and the potentially conserved person has a conversation with the judge (our local town probate court) at the hearing where they are asked directly if this is something they feel is necessary etc. There is annual paperwork that the conservators must submit re: bank accounts and finances and justifications for any money they spend on behalf of the conserved person. They also are very clear during the hearing and in all the paperwork (which they resend to everyone each year) that the conservatorship can be cancelled with 30 days notice by either party.
The involuntary option has a MUCH higher bar because it is in essence taking away someone's self determination so you have to clearly show why it's in someone's best interest even if the potentially conserved person adamantly disagrees that it's necessary or the person is so significantly impacted that it's clear (via notes from doctor's/medical documentation) that they will probably need this support for the rest of their lives. This is often done by parents of children with significant special needs because otherwise they lose all ability to help manage their healthcare, help them apply for govt benefits, etc. when they turn 18.
I can definitely see why having an attorney (provided by the state) to represent the person being conserved would be a good check/balance on potential abuse. In all the reading I've doing, I guess I'm unclear what Oher is specifically saying the Tuohy's did wrong...other than he didn't understand the conservatorship versus adoption issue. I mean, I'm not seeing anything where they abused the position other than the conservatorship existed.....unless he just realized that he isn't in line for inheritance because he wasn't official adopted? The whole thing seems so weird and honestly seems like he's surrounded himself with some people that ARE out to manipulate him but need to get rid of the Tuohy's to do it.
posted by victoriab at 12:55 PM on August 21, 2023 [2 favorites]
In CT, we have voluntary or involuntary conservatorship. Voluntary is with the conserved persons permission and can be cancelled by either side with 30 days notice but you still have to provide justification on why it's necessary and the potentially conserved person has a conversation with the judge (our local town probate court) at the hearing where they are asked directly if this is something they feel is necessary etc. There is annual paperwork that the conservators must submit re: bank accounts and finances and justifications for any money they spend on behalf of the conserved person. They also are very clear during the hearing and in all the paperwork (which they resend to everyone each year) that the conservatorship can be cancelled with 30 days notice by either party.
The involuntary option has a MUCH higher bar because it is in essence taking away someone's self determination so you have to clearly show why it's in someone's best interest even if the potentially conserved person adamantly disagrees that it's necessary or the person is so significantly impacted that it's clear (via notes from doctor's/medical documentation) that they will probably need this support for the rest of their lives. This is often done by parents of children with significant special needs because otherwise they lose all ability to help manage their healthcare, help them apply for govt benefits, etc. when they turn 18.
I can definitely see why having an attorney (provided by the state) to represent the person being conserved would be a good check/balance on potential abuse. In all the reading I've doing, I guess I'm unclear what Oher is specifically saying the Tuohy's did wrong...other than he didn't understand the conservatorship versus adoption issue. I mean, I'm not seeing anything where they abused the position other than the conservatorship existed.....unless he just realized that he isn't in line for inheritance because he wasn't official adopted? The whole thing seems so weird and honestly seems like he's surrounded himself with some people that ARE out to manipulate him but need to get rid of the Tuohy's to do it.
posted by victoriab at 12:55 PM on August 21, 2023 [2 favorites]
Just to be clear, if there isn't a compelling case for why a conservatorship is necessary then it shouldn't exist. It sounds like Oher has been making his own decisions for years without any interference from the Tuohy's so it seems that the conservatorship is unnecessary and should be dissolved. If the Tuohy's HAVE been inserting themselves into his affairs this entire time but the court deems him capable to manage his own affairs...then the solution is still to just dissolve the conservatorship.
posted by victoriab at 1:02 PM on August 21, 2023 [2 favorites]
posted by victoriab at 1:02 PM on August 21, 2023 [2 favorites]
Reportedly no documents were ever filed with the court after the conservatorship was approved. I'll save my own opinion.
posted by muddgirl at 1:20 PM on August 21, 2023 [5 favorites]
posted by muddgirl at 1:20 PM on August 21, 2023 [5 favorites]
An empty file definitely indicates a broken oversight system and a dereliction of duty by the conservators...although it's doesn't automatically mean they took advantage of his fiscally or otherwise. Hopefully this will shine a light on their entire system and the potentially thousands of cases where the courts have no idea if conserved people are being treated appropriately. I don't envy the folks that have to untangle this mess.
posted by victoriab at 2:06 PM on August 21, 2023 [1 favorite]
posted by victoriab at 2:06 PM on August 21, 2023 [1 favorite]
The part that sticks out to me the most is that this conservatorship was represented to him (and to the rest of the world) as a fostering-adoption relationship which it definitely isn’t. They could have done a guardianship or other ways to make him part of their family and they didn’t.
posted by dorothyisunderwood at 10:29 PM on August 21, 2023 [7 favorites]
posted by dorothyisunderwood at 10:29 PM on August 21, 2023 [7 favorites]
It has been pointed out that there hasn't been a good explanation of why this was the arrangement the Tuohy's chose, because although Oher was over 18 they live in a state where adult adoption is legal.
https://defector.com/the-tuohy-familys-side-of-the-story-has-a-giant-hole-at-the-center
There's no way for a conservatorship to work if it's not a conservatorship.
posted by I paid money to offer this... insight? at 8:51 PM on August 22, 2023 [3 favorites]
https://defector.com/the-tuohy-familys-side-of-the-story-has-a-giant-hole-at-the-center
There's no way for a conservatorship to work if it's not a conservatorship.
posted by I paid money to offer this... insight? at 8:51 PM on August 22, 2023 [3 favorites]
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I believe the conservatorship was limited in scope, unlike the conservatorships that have been in the press recently like the situation with Britney Spears. I don't think it would apply to his personal decisions but it could have affected his NFL contract if the Tuohy's had intervened. Given his NFL career is over I don't know how anyone could go back and dispute any part of it now. It's not like his contract with the NFL was a secret he kept from the Tuohy's.
posted by muddgirl at 9:36 AM on August 21, 2023 [2 favorites]