In August 2004, Michael Oher found himself living with Sean and Leigh Anne Tuohy and their two children in Memphis. Previously bouncing around foster homes, Oher was a highly sought-after prospect for college football and had the potential to make it to the NFL. However, the Tuohys faced a problem – providing support to Oher could be seen as a violation of N.C.A.A. rules against offering benefits to recruits. As major contributors to the University of Mississippi, one of the colleges recruiting Oher, the Tuohys risked penalties for themselves and the school if they were found to have violated these rules. To navigate this issue, they devised a plan. They went to court and sought extensive authority over Oher’s affairs, including power of attorney, control of his medical decisions, and the ability to approve financial contracts on his behalf. This arrangement was believed to satisfy N.C.A.A. regulations. At the time, Oher was 18 and considered a legal adult, so he agreed to this plan.
Most people are familiar with Oher’s story through the 2009 film “The Blind Side.” Oher attended the University of Mississippi, the Tuohys’ alma mater, and eventually made it to the NFL. The film received both acclaim and criticism for its portrayal of Oher, perpetuating tropes about black athletes needing help from white individuals like the Tuohys due to perceived lack of intelligence. Now, the legal relationship between Oher and the Tuohys, known as a conservatorship, as well as the Tuohys’ motivations, are being examined. Oher, now 37, has filed a petition to terminate the nearly two-decade-long conservatorship. He alleges that the Tuohys exploited it for their own gain, including through the movie deal, which he claims he was unaware of. The Tuohys, who made millions in the restaurant industry, have agreed to terminate the conservatorship but deny taking advantage of Oher, dismissing his petition as a “shakedown.”
It is evident that the conservatorship deviated from Tennessee’s legal norms in several ways. According to court records, the Tuohys’ petition was granted despite Oher not meeting the criteria for someone requiring a conservator. Moreover, the court did not compel the Tuohys to reveal how they managed Oher’s affairs, despite his potential to sign a lucrative NFL contract. This unique arrangement, along with the measures taken by the Tuohys to ensure Oher’s eligibility to play college football, highlight the football-centered culture at the University of Mississippi, the Tuohys’ deep ties to the school and its football program, and their efforts to comply with N.C.A.A. regulations.
The conservatorship process employed in Oher’s case is not common. People are more familiar with conservatorships due to the Britney Spears case, where her affairs were controlled under such an arrangement for nearly 14 years in California. To establish Oher’s conservatorship, the Tuohys enlisted the help of Debbie Branan, a lawyer and family friend who also belonged to the Kappa Delta sorority at the University of Mississippi, just like Leigh Anne. Branan, who specializes in family law and commercial real estate, represented the Tuohys, while Oher did not have independent legal representation. The court waived several typical procedures, such as appointing an investigator to assess Oher’s need for a conservator and ordering yearly status reports.
Over the years, the Tuohys have often referred to Oher as their adopted son and used his story to promote adoptions through their foundation. However, Oher was never formally adopted, despite the Tuohys’ claims. They clarified the conservatorship arrangement to him instead. Oher’s petition reveals that he only realized this year that he was never adopted and that the Tuohys had legal control over his affairs. He now seeks an account of how the Tuohys have benefited from his story and what he describes as the “lie” of his adoption. It is apparent that the success of “The Blind Side” has been advantageous for the Tuohys, who have raised millions of dollars for themselves and their causes through various ventures related to Oher’s story. While the Tuohys and Oher declined interview requests, it is known that the Tuohys and the author of the book on which the movie was based each earned around $350,000 from the film, whereas Oher claims to have received nothing for relinquishing the rights to his life story. Leigh Anne Tuohy has also capitalized on her fame to become a motivational speaker, charging substantial fees for her appearances. Their Making It Happen foundation, dedicated to aiding underprivileged children, has brought in significant donations as well.