Did The Tuohys Exploit Michael Oher Legally?

TL;DR

Michael Oher has filed a lawsuit alleging the Tuohy family tricked him into a conservatorship instead of adopting him, allowing them to profit from his life story. The Tuohys deny these claims, asserting they acted in Oher's best interest and shared profits equally. Legal proceedings will determine the truth.

Transcript

• So it turns out that the real life story in "The Blind Side" might not be so real. If you've been living under a rock for the last 100 years, it turns out that Hollywood might not be the most reputable source of information. Now, you might remember the 2009 movie "The Blind Side," which was purportedly based on the true story of Michael Oher, who... Read More

Key Insights

• Michael Oher alleges the Tuohys tricked him into a conservatorship, not adoption.
• A conservatorship allows decision-making power over a conservatee's affairs.
• Oher claims the Tuohys profited from his life story without his consent.
• The Tuohys deny exploitation, stating they shared profits equally with Oher.
• Tennessee law allows adult adoption, contradicting advice given to the Tuohys.
• Oher's petition seeks to end the conservatorship and gain financial transparency.
• The Tuohys claim Oher was aware of the conservatorship arrangement.
• Legal proceedings will clarify the veracity of both parties' claims.

Questions & Answers

Q: What is Michael Oher's lawsuit about?

Michael Oher's lawsuit alleges that the Tuohy family tricked him into signing a conservatorship agreement rather than adopting him, which allowed them to make financial decisions on his behalf and profit from his life story, particularly through the film 'The Blind Side.' Oher claims he was misled into believing the conservatorship was akin to adoption.

Q: What is a conservatorship under Tennessee law?

A conservatorship in Tennessee is a legal arrangement where a court appoints a conservator to manage the affairs of someone deemed incapable of doing so themselves, such as minors or individuals lacking legal capacity. The conservator has fiduciary duties to act in the best interest of the conservatee, managing their finances and other affairs responsibly.

Q: How do the Tuohys respond to Oher's allegations?

The Tuohys deny Michael Oher's allegations of deception and financial exploitation, asserting they have always acted in his best interest. They claim that Oher was aware of the conservatorship arrangement and that they shared profits from 'The Blind Side' equally with him. The Tuohys maintain that the conservatorship was necessary for legal reasons.

Q: Can adults be adopted in Tennessee?

Yes, Tennessee law allows for the adoption of adults. The process for adopting an adult is typically simpler than for minors, as it primarily requires the consent of the adult being adopted. This contradicts the advice reportedly given to the Tuohys, which stated that adoption was not possible for Oher due to his age.

Q: What financial claims does Oher make against the Tuohys?

Michael Oher claims that the Tuohys have profited from his life story without his consent, particularly through the movie 'The Blind Side.' He alleges that the Tuohys received payments and benefits that he was excluded from, and he seeks a full accounting of the profits made using his name and likeness, as well as his fair share of those profits.

Q: What is the Tuohys' defense regarding the conservatorship?

The Tuohys defend the conservatorship by stating it was established to assist Michael Oher with practical needs like health insurance and college admissions, and that it was necessary due to NCAA regulations. They assert that no financial gain was made from the conservatorship itself and that they have always been transparent with Oher.

Q: What is the current legal status of the case?

As of now, Michael Oher's allegations against the Tuohys are unproven claims that will be evaluated in court. Both parties have presented their sides, with Oher seeking to terminate the conservatorship and gain financial transparency, while the Tuohys deny any wrongdoing. The legal proceedings will further investigate these claims.

Q: What are the potential outcomes of this legal case?

The potential outcomes of Michael Oher's legal case against the Tuohys include the termination of the conservatorship, a court-ordered financial accounting to determine any profits made at Oher's expense, and possible compensatory or punitive damages awarded to Oher if the court finds in his favor. The case may also clarify the legal responsibilities of the Tuohys as conservators.

Summary & Key Takeaways

• Michael Oher has filed a lawsuit claiming the Tuohy family tricked him into signing a conservatorship instead of adopting him, which allowed them to profit from his life story. The Tuohys deny these allegations, asserting they acted in Oher's best interest and shared any profits equally. The legal proceedings will determine the validity of these claims.

• The conservatorship granted the Tuohys decision-making power over Oher's affairs, which he alleges was misrepresented as an adoption. Oher claims that the Tuohys have enriched themselves at his expense, particularly through the film 'The Blind Side,' while the Tuohys argue they have always been transparent and equitable in their dealings with Oher.

• A key point of contention is whether the conservatorship was necessary or if Oher could have been legally adopted as an adult. Both sides agree on the existence of the conservatorship, but disagree on its implications and financial outcomes. The court will need to evaluate the evidence to resolve these disputes.