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MoneyWatch
What is a conservatorship? The legal arrangement at the center of Michael Oher's case.
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By Khristopher J. Brooks
August 15, 2023 / 5:59 PM / MoneyWatch
Because conservatorship laws vary between states, it's difficult to determine how many people live in conservatorships across the country, ACLU attorney Zoe Brennan-Krohn told CBS News in 2021 when speaking about Spears' case. She added that they are often granted when an individual encounters difficulties or age-related disabilities.
Conservatorship vs. adoption
In a conservatorship, the conservator is legally allowed to make decisions on another person's behalf without technically making them a family member. The person with a disability or other challenge only needs to sign the proper legal documents to grant the conservatorship, as Oher did in August 2004.
Under adoption laws, an adoptee legally becomes a permanent member of the applicant's family.
Adoption laws vary by state, with a few states placing age limits on adoption. Tennessee, the home state of Oher and the Tuohys, is among the states that allow adults to adopt someone who is over 18, according to law firm Anderson Hunter.
Conservatorship meaning
Having a conservatorship also plays a role in the person's finances. A conservator or co-conservators typically have authority over the finances and personal affairs of the person they're overseeing.
Oher claims in his petition that the Tuohy family generated millions of dollars off the book "The Blind Side" by best-selling author Michael Lewis and its film adaptation starring Sandra Bullock and Tim McGraw, both of which carried Oher's name and likeness. Oher claims that he himself has received nothing off of the book or Oscar-nominated movie. The Tuohys will continue to profit from his name if the conservatorship isn't ended, he argues.
Aside from Britney Spears, actor Amanda Bynes also recently successfully fought to end her conservatorship, giving her full control of her medical, financial and personal decisions.
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Khristopher J. Brooks
Khristopher J. Brooks is a reporter for CBS MoneyWatch covering business, consumer and financial stories that range from economic inequality and housing issues to bankruptcies and the business of sports.
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First published on August 15, 2023 / 5:59 PM
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