In recent months, the reports of the court documents filed by former NFL star Michael Oher have come as a shock for many people. The documents have revealed that Oher was not legally adopted by the Tuohy family, as portrayed in the 2010 Best Picture “The Blind Side.” Instead, Oher claims he was placed in a conservatorship without his knowledge and has demanded that a Tennessee judge immediately terminate the conservatorship, which has been in place for nearly 20 years.
With all of the media attention surrounding this case, many people have come to us wondering how to fight a conservatorship if a similar situation were to arise for them. Although Tennessee law has differences from Georgia law, the experienced legal team at Gaslowitz Frankel LLC has specialized in fiduciary law for over 30 years, successfully guiding numerous clients through the intricacies of conservatorships and guardianships.
Below, we answer what a conservatorship is, in light of the recent Michael Oher and Tuohy family case, and how to fight a conservatorship with the help of a fiduciary attorney.
What Is a Conservatorship?
In Georgia, a conservatorship is established when an individual is unable to independently manage their finances or make sound decisions due to incapacitation, typically resulting from conditions such as dementia, mental illness, or other impairments affecting cognitive abilities. In such instances, a judge may designate a conservator to assume decision-making responsibilities for the individual, either for the duration of their life or until they recover and regain the capacity to make their own choices.
It is important to note that the term “conservatorship” is often confused with the term “guardianship.” These terms are not legally the same, but they also have different meanings in Georgia than in Tennessee where the Oher/Tuohy family case is taking place. In Georgia, a conservator is granted authority over the property of another while a guardian is granted authority over the person. In Tennessee, the word guardianship is reserved for authority over individuals under the age of 18, while conservatorship is reserved for authority over those over the age of 18.
Read More: What is the Difference Between Guardianship and Conservatorship?
So what is a conservatorship as it was applied in the Oher/Tuohy family case? In that case, the Tuohy family was given control over Oher’s medical, educational, and contractual decisions when Oher was 18. Many legal experts find this unusual because Oher did not have any known disabilities, and Tennessee law requires the potential conservatee to have an incapacity or disability for a conservatorship to be granted.
Oher alleges that the conservatorship has cost him potential millions and wants the Tuohys to stop using his name and likeness for their foundation. He also seeks an accounting of the profits from “The Blind Side,” as the Tuohys negotiated rights to the film.
Meanwhile, the Tuohys deny telling Oher that they planned to legally adopt him and insist that the conservatorship was established to allow him to attend the University of Mississippi to play football. They maintain that they view Oher as a son, and have stated that they won’t oppose the termination of the conservatorship.
How to Fight a Conservatorship in Georgia
If the Oher/Tuohy family case feels relevant for your life, and you have found yourself wanting to end a Georgia conservatorship, there are options for you. The first step is contacting a fiduciary attorney with expertise in conservatorship and guardianship cases, such as the attorneys at Gaslowitz Frankel LLC. Your attorney will help you begin the process by filing a Petition for Termination of Guardianship/Conservatorship and Restoration of Rights document.
When this document is filed, the burden of proof rests with the petitioner to prove that the conservatorship is no longer needed. Your attorney will help you gather evidence and present this evidence to the court. If the case is going to a jury trial, as some aspects of the Oher/Tuohys case are, then your attorney will present evidence to the jury.
Related Article: How Older Adults Can Protect Themselves from Conservatorship or Guardianship Abuse
If you are seeking legal counsel to fight a conservatorship in Georgia, our team has the essential blend of empathy and expertise needed to guide you toward understanding your unique circumstances. The legal professionals at Gaslowitz Frankel LLC are the leading voices for the state of Georgia, meaning we can address your concerns at every stage of the legal process. At Gaslowitz Frankel LLC, our commitment and capabilities are geared towards delivering the results you seek.
Contact us by filling out this form for a free consultation about your case.
