Britneys Dad needed her money to live his life when this family clearly didn't need a dime.
" The Blind side" Controversy .. who to believe ?
- Thread starter ManitouDan
- Start date
But if the family took advantage of the conservatorship like Oher has alleged, they did the same thing Britney’s dad did regardless of what their wealth is/was.
My point was to show that a conservatorship can be used to defraud the person that it’s supposed to be benefiting.
You guys debating who’s right or wrong are wasting your time. There are certainly a lot of layers to this and many things behind the scenes we will never know.
Hers was involuntary. A judge ordered it. I don't think Oher's was involuntarily but not sure about that, either.
My takes and I reserve the right to change my mind with new information:
- The conservatorship was set up to truly help Oher and allowed the Tuohys to be his legal guardian while he was in high school and college. So this was above board.
- Whether Oher thought he was adopted or not, he got to live with this family and they supported him through high school and college. So throughout this point there's no difference to Oher. And it's not like they were profiting off of him at all during this time (there was no movie yet).
- The Tuouhys seem to have been greedy in terms of how they split the proceeds of the film. The 1/5 to Oher was BS. While not contractually required, it should have been truly 50-50.
- I can understand why Oher is pissed about the film proceeds, but I'm not quite sure he has a case. I also think he's being a bit ungrateful for what they did for him.
I’ve never said anyone was racist. I said immediately believing the family over Oher could be perceived as racist and asked for reasons why they were believable while Oher wasn’t.
Your reasoning has logic with one exception. The conservatorship allowed them to negotiate the movie on his behalf and if what he alleges is true, they used that ability to cut him out of proceeds from the movie. That is using something that was supposed to benefit him as a means to take advantage of him. If that is true, the question that needs to be asked is how many other ways did the family use the conservatorship to take advantage of Oher?
Of course it's wasting time but how else can we speculate and imply others poster's that disagree with us are racist?
Just make a post stating you’re a white conservative. Tcurtis, nightwish, and the bunch will be all over it with the racism accusations.
Things that seem shitty:
The family made money off of The Blind Side (millions, right?) but according to Oher he was cut out
The family claims he did make money and they split it evenly
I guess it comes down to that. If they cut him out I think that’s very shady for obvious reasons, but we don’t know the truth. Also I’m extremely racist (as is the majority of this board) so you have to keep that in mind.
The family made money off of The Blind Side (millions, right?) but according to Oher he was cut out
The family claims he did make money and they split it evenly
I guess it comes down to that. If they cut him out I think that’s very shady for obvious reasons, but we don’t know the truth. Also I’m extremely racist (as is the majority of this board) so you have to keep that in mind.
No one anywhere in this thread has made an accusation. I asked questions for reasons in why people believe the family but not Oher. How you take that is your problem not my problem.
But what about something entirely irrelevant like Brittney Spears? Yeah, didn't consider that because you're RACIST!
Except Britney Spears is an example of how a conservator can take advantage of who they are supposed to be protecting which is part of the allegations from Oher.
Again I could be wrong, but giving someone POA is not even close to the same as conservatorship.
Conservatorship much like guardianship means the conservatoree can’t enter a contract without conservator signature.
There are a lot less restrictive options out there, but in the event you are really trying to protect a person these are the best options stopping them from “screwing” themselves.
I went to middle school with Dan Quayles niece, being 12-13 year old immature punks we called her “potato” for 2 years.
“Like power of attorney, a conservatorship covers the authority to make legally binding decisions. However, a conservatorship can be significantly more sweeping. A conservator assumes the power to make personal, financial or medical decisions for their ward. For example, a conservator may assume the authority to manage his ward’s finances, sell his property and even tell his ward where to live.”
Conservatorship vs Power of Attorney - SmartAsset
I think this is mostly correct. It seems like they negotiated as a family which included covering for Oher as the were technically his legal guardian.
I don't think this is correct as he was not cut out, he was covered under the Tuohy's deal which he got 1/5 of. Now there's an argument to be made that he deserved a larger share. It could also be argued that if he negotiated on his own he'd get a bigger cut.
He is not alleging that they ripped him off elsewhere, which I assume he would as he's basically already going scorched earth on them.
In summary, I don't personally know the law around selling the rights to a movie. For example, let's say I make a movie about arguing with strangers on the Cats Pause. Would I owe you money? I say that because he may be entitled to nothing and it was nice that the Tuohys gave him any money at all.
Yeah, it's interesting that this is still in place for him. Usually this is for adults who have a mental handicap.“Like power of attorney, a conservatorship covers the authority to make legally binding decisions. However, a conservatorship can be significantly more sweeping. A conservator assumes the power to make personal, financial or medical decisions for their ward. For example, a conservator may assume the authority to manage his ward’s finances, sell his property and even tell his ward where to live.”
Conservatorship vs Power of Attorney - SmartAsset
smartasset.com
I can see why you'd do it for an 18-year old you want to watch out for while he's in college, but to keep this in place at age 37 is nuts.
Further, a judge could revoke that ANY time Oher wanted.
The Tuohys say he got a cut from the movie. He is alleging that he didn’t. Further, the Tuohys claim they only received 14k per person. Oher alleges the 4 Tuohys got 225k each plus 2.5% if it earned over 300 million which it did and he received nothing. Neither of those has been proven yet. Oher has pretty specific figures so you would hope he has evidence to back up his allegations.
“Like power of attorney, a conservatorship covers the authority to make legally binding decisions. However, a conservatorship can be significantly more sweeping. A conservator assumes the power to make personal, financial or medical decisions for their ward. For example, a conservator may assume the authority to manage his ward’s finances, sell his property and even tell his ward where to live.”
Conservatorship vs Power of Attorney - SmartAsset
Yes, basically what I said. A POA gives you authority but doesn’t take their ability to enter contracts away.
That is why a conservatorship or guardianship is advised when family or other business entities could be out to take advantage of the person. It stops them from entering by themselves.
Just because it says “like a POA” only means that part is similiar not the whole power. A POA is honestly pretty limited.
I meant that in the sense of how you sign documents as-in they would add something like conservator after they signed their names. He's alleging either they or someone signed his name on a contract for him because he didn't.
Oher also alleged his name was signed on a 2007 document that would give 20th Century Fox "without any payment whatsoever, the perpetual, unconditional and exclusive right throughout the world to use and portray Michael Oher's name, likeness, voice, appearance, personality, personal experiences, incidents, situations and events" tied to the book and movie that led up to the 2008 NFL draft, according to the petition.
He said he doesn't know if the document was forged or not, but that he never signed it.
Oher said in the petition if the Tuohys forged the document, they should give up all the money they made from the movie, including interest, and pay Oher punitive damages.
https://www.npr.org/2023/08/15/1193809048/the-blind-side-michael-oher-adoption
Yes a judge has to order it, but it isn’t at Oher’s discretion but instead it’s at a judges unless the conservator is willing to waive their power.
Oher also alleges he didn’t realize he was still under it until he retired from the NFL in Feb of 2023. My guess is he was working with an attorney to do something (maybe business it personal) and that attorney saw the conservatorship and said he couldn’t do those things under that. Again Oher is claiming he didn’t know until this year. The second sentence is a guess on my part as to how he found out. Nothing has been proven yet.
I don't believe for a second they only made $14K per person.
They do claim that they paid him all along.
Both these things seem easy to prove.
I'm still not sure Oher has legal standing, but I can see why he's pissed. My take all along is that he's probably right about getting screwed over, but he may not have real legal standing except against his agent.
But the conservatorship allows them to enter into contracts without his knowledge and control other areas. It is more powerful than just a POA.
I don’t disagree that he may not have legal standing. If what he alleges is true though, it shows the Tuohys are POS. Be interesting to see what happens in court. My guess is the Tuohys try to settle someway. If only part of this is true, that family doesn’t really want it to be proven imo.
I would like a lawyer to weight in on this, but wouldn't this be outright criminal fraud? Even if he were under a conservatorship, they can't sign his name for him right?
Not a lawyer but most likely they would sign their names with conservator after the signature. I know it's not a POA but I just went through this with getting a trust setup for my mom and our lawyer said to sign my name with Trustee after it.
So yeah, if they forged his name on a contract, it would be fraud.
He would have to prove a reason why. Judges do not like to go back on their rulings without sufficient reason.
I only know from having to get guardianship of my mom after her/my family tried to get her to divorce my stepdad after they were both diagnosed with dementia.
That court process was saddening and caused me to lose “family” once I was awarded and stopped their divorce plans.
To get a judge to overturn that without conservator willingness to do so would damn near be impossible. See Brittany Spears not being able to do so.
My wife was a guardian for an aunt a decade ago.
She could make all of her aunt's financial decisions, but she couldn't make big moves without court approval.
She couldn't sell property without a hearing.
Are contracts in the same realm as real estate?
Playing dumb… what a shock
You’re a constant race baiter and it’s beyond amusing you pretend not to be. Just own it and move on.
Depends if that contract is of some financial means.
Part of getting awarded was an asset listing the court keeps record of and why the court has to approve that sale.
Okay, this article is pretty good.
Yahoo Conservatorship Explanation
This makes me lean more on Oher's side. They got the conservatorship because they didn't want the NCAA giving them crap about all the money they gave him. The Tuohys were boosters, so it would be looked at as an improper benefit.
But they mention that it should have been ended shortly thereafter.
Yahoo Conservatorship Explanation
This makes me lean more on Oher's side. They got the conservatorship because they didn't want the NCAA giving them crap about all the money they gave him. The Tuohys were boosters, so it would be looked at as an improper benefit.
But they mention that it should have been ended shortly thereafter.
It’s not my responsibility to fix the way you take something. Your perception is on you. If you want to take something I say wrong, just own it and move on.
