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The Blind Side had an unhappy ending in real life

Started by MightyGiants, August 14, 2023, 01:54:07 PM

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MightyGiants

SMART, TOUGH, DEPENDABLE

MightyGiants

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Jclayton92

It's a lot more complicated than the face value. The tuhoys were already loaded before the blindside and in reality Michael Oher is beyond broke. He sent them a letter basically saying pay me or I go public to people that gave him a better life. I don't know if either are right but I was at Ole Miss while Oher was there and let's just say it is a mess.

DaveBrown74

Quote from: Jclayton92 on August 18, 2023, 06:13:21 PMIt's a lot more complicated than the face value. The tuhoys were already loaded before the blindside and in reality Michael Oher is beyond broke. He sent them a letter basically saying pay me or I go public to people that gave him a better life. I don't know if either are right but I was at Ole Miss while Oher was there and let's just say it is a mess.

I agree. The initial, auto-snap-reaction for most is to assume the Tuohy's are the villains in this and Oher was the victim, but that's not so clear to me when I look at this story more closely. As you said, they are loaded and don't need his $250k, so it doesn't ring true to me that this was some money-grab. Also there is clear evidence he knew about the conservatoriship in his book as early as 2011, and then his $15m threat to them is problematic if you're looking to portray him as the victim. With that said, I have no idea what they said/did in the initial arrangement, or who exactly knew what, when. Seems complicated and there seem to be multiple sides. My suspicion is that some less than savory people have gotten into Oher's ear and convinced him to do this.

Jclayton92

Quote from: DaveBrown74 on August 18, 2023, 09:29:49 PMI agree. The initial, auto-snap-reaction for most is to assume the Tuohy's are the villains in this and Oher was the victim, but that's not so clear to me when I look at this story more closely. As you said, they are loaded and don't need his $250k, so it doesn't ring true to me that this was some money-grab. Also there is clear evidence he knew about the conservatoriship in his book as early as 2011, and then his $15m threat to them is problematic if you're looking to portray him as the victim. With that said, I have no idea what they said/did in the initial arrangement, or who exactly knew what, when. Seems complicated and there seem to be multiple sides. My suspicion is that some less than savory people have gotten into Oher's ear and convinced him to do this.
Yeah the Tuohys sold their business for 220 million dollars. They even paid Ohers taxes on his profit from the film out of their cut, and yet he wants everyone to believe they took a few million. I don't know just seems a little out there, guess we have to wait and see.

DaveBrown74

Quote from: Jclayton92 on August 19, 2023, 12:25:40 AMYeah the Tuohys sold their business for 220 million dollars. They even paid Ohers taxes on his profit from the film out of their cut, and yet he wants everyone to believe they took a few million. I don't know just seems a little out there, guess we have to wait and see.

I definitely think the Tuohys had an agenda to get him to go to Ole Miss, even if that wasn't his bona fide first choice, but the notion of this being a pure money grab and deliberately deceitful rings a bit hollow to me.

MightyGiants

Some of the claims raised by the Touhys don't quite ring true.  Here is the law on conservatorship.   After reading this it's clear they could have easily adopted Michael but instead opted for control of his money only.


According to a petition filed Monday, Oher requested to close the co-conservatorship by Sean and Leigh Anne Tuohy. Oher alleged in the petition that he found out earlier this year that he was actually under conservatorship and not adopted.

The 14-page petition, obtained by The Athletic on Monday, said the Tuohys never took legal action to assume custody of Oher while he was a minor. Months after Oher had turned 18, however, the couple presented him with what he understood to be adoption papers, which in reality was paperwork to make them his conservators, according to the filing.  The conservatorship was filed in August 2004, according to the petition, and gave the Tuohy's legal authority over Oher's business deals.

Here are some distinctions within a conservatorship and how it translates to the Oher-Tuohy saga:

What happens in a conservatorship?
According to Tennessee law (the state where Oher and the Tuohys filed the paperwork), a conservatorship "removes the decision-making powers and duties" from a person with a "disability who lacks the capacity to make decisions in one or more important areas."

According to the Tennessee Department of Intellectual and Developmental Disabilities, a person requesting to become a conservator can apply to do so under these conditions:

A person supported in the Tennessee DIDD waiver; or
A person supported enrolled in the EFC (Employment and Choices First) Choices program; and
A person supported over the age of 18; and
A person supported who is financially indigent; or
A person supported who is not financially indigent, but receives prior approval from DIDD's office of general counsel; and
A person supported who has an urgent or emergency need for a conservator due to their current conservator no longer being able to serve as conservator or due to a medical need.
Oher is asking for an order for the Tuohys to "show cause for failure to meet their required duties to provide regular accountings or to act in the best interest of their ward" and for applicable damages and other relief.

"Decision making for the ward's best interest" is the first specific duty of a conservator in Tennessee.

Here's a list of dos and don'ts of a conservatorship:

1. Understand the needs and preferences of the person with a disability are important and should be considered. I will treat him/her with respect. I will not physically, mentally, sexually or financially abuse or exploit him/her.

2. Follow the Orders of the Court. I understand that if the authority is not specifically listed in the Order, I cannot make the decision on behalf of the person with a disability.

3. The conservator will:

Make decisions based upon the best interest of the person with a disability.
Notify the Court if my address changes or if the person with a disability's address changes.
Notify the Court if the conservator believes the person with a disability no longer needs a conservator.
File reports on time unless waived by the Court; inventory, property management plan, status report, annual/final accountings, tax returns, corporate surety statement, and Social Security statement of account.
Keep good, accurate records.
4. The conservator will not:

Limit communication and/or access to visitors unless specifically authorized by the Court.
Spend the person with a disability's money/property on myself or pay myself without court approval.
Borrow money from the person with a disability
Re-title assets of the person with a disability into my name.

Could the Tuohys have adopted Oher once he turned 18?
Yes. According to Tennessee law, "When petitioner seeks to adopt a person who is eighteen years of age or older, only the sworn, written consent of the person sought to be adopted shall be required and no order of reference or any home studies need be issued."

If the Tuohys would have adopted Oher, the family wouldn't have had the legal rights to make decisions for him once he turned 18 since he would be a legal adult. That's unlike a conservatorship where the conservator controls the financial decisions for the ward.


https://theathletic.com/4778704/2023/08/15/michael-oher-conservatorship-blind-side/?source=dailyemail&campaign=601983


Here PFT questions their claims about "loving Michael like a son"

The Tuohy family claims to still love Michael Oher like a son. We'd hate to see what their lawyer would be saying if they didn't love him.

Attorney Martin Singer issued a blistering statement to TMZ on Tuesday, accusing Oher of a "shakedown" of the Tuohy family.

The legal claims Oher made on Monday are called "outlandish," "hurtful," and "absurd." The Tuohy lawyer says the claim that the family tried to profit from Oher is "offensive" and "ridiculous," and that the allegation "defies belief."

Singer claims on behalf of the Tuohys that Oher threatened to "plant a negative story about them in the press unless they paid him $15 million," and that Oher "has actually attempted to run this play several times before — but it seems that numerous other lawyers stopped representing him once they saw the evidence and learned the truth."

Singer also takes a shot at Oher's lawyer, calling the attorney a "willing enabler," before accusing Oher of filing "this ludicrous lawsuit as a cynical attempt to drum up attention in the middle of his latest book tour."

Singer still claims that the Tuohys "care deeply" for Oher. Frankly, they have a strange way of showing it.

https://www.nbcsports.com/nfl/profootballtalk/rumor-mill/news/tuohy-family-lawyer-accuses-michael-oher-of-a-shakedown
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