TBA Law Blog


Posted by: Stacey Shrader Joslin on Oct 24, 2023

Nashville lawyer and TBA Elder Law Section Executive Council member Barbara J. Moss writes in USA TODAY that the conservatorship of Michael Oher is not how law is supposed to work. Moss points out that at the time Sean and Leigh Anne Tuohy petitioned the court to be named conservators for Oher, they specifically stated he had “no known physical or psychological disabilities.” She also notes that for 19 years, the court never required any proof of disability or the filing of status reports. According to Moss, Tennessee law requires clear and convincing evidence that an individual is fully or partially disabled, and mandates the filing of annual accounting and status reports. In August, Oher petitioned the court to terminate the conservatorship, provide an accounting of funds the Tuohys received, and grant him an unspecified amount in damages. Memphis Judge Kathleen Gomes terminated the conservatorship in September.