Michael Oher, the subject of the hit 2009 movie The Blind Side, has alleged that the crux of that story is based on a lie. While the film depicts a wealthy family adopting him in good faith, Oher claims that in reality the Tuohy family established a conservatorship that stripped away his legal rights.
If you haven’t been following the Oher news, you may remember the term “conservatorship” making headlines as part of the #FreeBritney movement, which sought to free Britney Spears from her conservatorship. Thankfully, the pop star was indeed freed from her conservatorship in fall of 2021, ending the 13-year arrangement that had legally stripped Spears from making her own personal and financial decisions.
So, what exactly is a conservatorship? While the arrangement is intended to protect vulnerable individuals, a conservatorship can be abused to take advantage of the conservatee. Here’s how you can spot the signs that someone you know may be under a conservatorship, so you can offer appropriate support and assistance.
What is a conservatorship?
A conservatorship is a legal arrangement that grants a designated individual, known as a conservator, the authority to manage the personal and financial affairs of another person, known as the conservatee, who is deemed unable to make these decisions on their own.
While many have learned about conservatorships in the context of Oher and Spears, the arrangement is not exclusive to celebrity. There are plenty of situations where a family member or friend may need a guardian or conservator. Some examples from LawHelp.org:
Someone who is in a coma.Someone who is mentally challenged.Someone who has Alzheimer’s disease or other forms of dementia.Someone who has had a stroke.Someone who has suffered a brain injury.Basically, a conservatorship may be necessary if an illness, injury, or disability can make it difficult or impossible for someone to make decisions about his or her health care, money, living situation, or other personal matters.
So yes, conservatorship is a powerful legal tool that protects those who need it most. Unfortunately, any arrangement that deliberately strips away an individual’s ability to make their own decisions is rife for abuse.
Outside of high-profile cases of abuse, conservatorships can be used to exploit elderly people or people with disabilities. Let’s look at some of the signs that someone you know may have fallen victim to a wrongful conservatorship, according to estate-planning firm Trust & Will.
Sudden changes in independence
One of the most noticeable signs of a conservatorship is when an individual who was once capable and independent suddenly loses the ability to make decisions or manage their affairs. They may have difficulty with basic tasks such as paying bills, making healthcare decisions, or even maintaining personal hygiene. If you observe a significant decline in their self-sufficiency, it could be a red flag.
Isolation and restricted communication
Conservatees might experience limitations on their communication and interactions with others. If you notice that the person has become isolated from friends, family, or their usual social circle, it could indicate that their conservator is controlling their interactions. Be wary if you find that they are only able to communicate through a specific channel or under supervision.
Unusual financial changes
A conservatorship often involves financial oversight, and you might notice unusual changes in the person’s financial situation. This could include sudden shifts in spending habits, unexplained financial transactions, or difficulty accessing their own funds. Keep an eye out for signs of financial exploitation or mismanagement.
Lack of autonomy in medical decisions
In cases where a conservatorship extends to healthcare decisions, the conservatee may have limited control over their own medical care. If you notice that the person is unable to make decisions about their treatment options or is being prevented from seeking a second opinion, it could be indicative of a conservatorship.
Emotional distress and fear
Individuals under an inappropriate conservatorship might exhibit signs of emotional distress, anxiety, or fear. They may be hesitant to discuss their situation openly, or they may seem unusually fearful of their conservator or others involved in their care. Be attentive to any changes in their emotional well-being.
Unexplained changes in living situation
If someone you know suddenly changes their living situation, such as being moved to a care facility or unfamiliar location, without a clear explanation or their consent, it could be a sign that a conservatorship is at play. Drastic changes in living arrangements should raise concerns, especially if they appear to be against the individual’s wishes.
The bottom line
Recognizing signs that someone you know is under a conservatorship is important for ensuring their well-being and protecting their rights. If you suspect that a conservatorship is being misused or that the individual is not benefiting from it, it’s crucial to seek legal advice and support to ensure their rights are upheld. Always approach the situation with empathy and sensitivity, as conservatorships can be complex and emotionally charged. Your support and advocacy can make a significant difference in the life of someone who may be under the control of an inappropriate or unnecessary conservatorship.
