Michael Oher: The Importance of Ethical Conservatorship

Michael Oher Conservator

When an adult is considered disabled because of a mental or physical disability, the probate court in Tennessee will appoint a conservator to help manage the adult’s daily life. This restrictive option is saved for a last resort, as conservators have control over the financial rights and inner workings of that adult’s life. It is a serious position with significant responsibility, and the case of Michael Oher’s conservatorship is a prime example of the duties that come with it.

Who is Michael Oher?

Michael Oher is a former NFL star and Ole Miss alumni whose life narrative was the muse for the 2009 film "The Blind Side” and Michael Lewis’ best-selling novel under the same title. Oher grew up in the Hurt Village Housing Projects of Memphis and had a troubled upbringing. He eventually joined Briarcrest Christian School in 2003 and began his football career with the school’s team. Sean and Leigh Anne Tuohy were parents of two students at Briarcrest and took Oher into their home after learning of his situation. Once Oher turned 18, the Tuohy’s filed to be appointed as conservators over him, thus opening up a host of legal duties and responsibilities.

What Kind of Conservatorship was Michael Oher Under?

Conservators may be appointed over a person to manage their medical affairs and daily life, or they may be appointed to manage the financial affairs of an individual. In some cases, the conservator will be appointed over both aspects of the person’s life. Sean and Leigh Anne Tuohy were legally appointed as conservators over Michael Oher, making the Tuohys responsible for providing supervision, protection, and assistance to Oher. 

The Tuohys remained conservators over Oher with seemingly little to no disputes in the beginning. As Oher continued to excel in athletics, earning “Freshman All-American” honors at Ole Miss and eventually being drafted by the Baltimore Ravens, his financial worth and recognition continued to grow. In September 2006, a family friend of the Touhys released a biographical novel titled The Blind Side: Evolution of the Game, telling the story of Michael Oher’s upbringing. The book eventually turned into the 20th Century Fox blockbuster movie, The Blind Side, which became a major commercial success.

In a new petition recently filed in the Tennessee probate courts, Michael Oher recently alleged that the Tuohys used their status as Conservators of Michael Oher to negotiate a contract with Fox for the movie. Oher’s petition claims that the Tuohys negotiated a deal on his behalf and was not represented fairly. These allegations along with the other claims made by Oher demonstrate the importance of a conservatorship bond and the delicate nature of ethics in conservatorships.

Did the Tuohys Need to Get a Bond?

Conservators in Tennessee may be required to obtain a surety bond before they can become appointed by the court. A surety bond is a type of insurance that safeguards the interests of the protected person from any financial harm caused by the actions of the conservator. It serves as a backup plan to make sure the person who needs help is protected, and their finances are handled in the right way. It's a way of making sure the conservator takes their job seriously and does it properly, and if things go wrong, there's a way to be financially compensated. 

For example, if a conservator commits fraud or engages in unethical behavior, the person under conservatorship can be reimbursed from the bond for any financial harm caused by the conservator’s actions. In the case of Michael Oher’s conservatorship, the Tuohys had their bond requirement waived and did not need to obtain one.

Along with the surety bond, many other safeguards are put into place by Tennesse law to help protect people under conservatorship. The most common example is the requirement for conservators to file an annual accounting demonstrating how the protected person’s has been used over the previous year. This helps the court determine that all assets are being handled correctly and in an ethical manner. Another key factor in ethical conservatorship is making sure that the protected person understands what they are signing. By ensuring that the protected person is aware of their rights, potential conflicts can be avoided, and those who truly need the help can receive it properly.

Importance of Ethical Conservatorship

Ethical behavior within a conservatorship is of paramount importance as it safeguards the fundamental rights and well-being of the adult under conservatorship. In the case of Michael Oher’s conservatorship, the Tuohys became legally responsible for the decision-making power and authority over Oher’s life. This left Oher in a vulnerable position as he relied on the Tuohy's integrity and ethical conduct to manage his personal life and finances. 

Conservatorships are a crucial part of the Tennessee judicial system, as they allow those who are truly disabled and in need of assistance to receive the help they deserve. An ethical conservator should act transparently, avoid conflicts of interest, and diligently manage the conservatee's assets for their benefit alone. The case of Michael Oher’s conservatorship emphasizes the importance of an ethical conservator and how the legal safeguards in place can prevent conflicts like this.

For more information about conservatorships in Tennessee, click here.

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Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

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Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

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Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

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Coverage Requirements

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

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