Michael Oher, Britney Spears put conservatorships in spotlight. How they work in Pennsylvania
Britney #Britney
With stars such as Britney Spears publicly raising flags about conservatorships, questions about the court-appointed title have spiked in recent years.
If you are wondering what a conservatorship is, why it is necessary in certain situations and how it works within the legal system in Pennsylvania, we’ve got answers.
What is a conservatorship?
States have varied rules and regulations about conservatorships, but the main purpose remains the same.
When someone is no longer able to handle their own financial or personal affairs, or delegates someone to do it for them, courts can appoint an individual or professional to act on behalf of the incapacitated person, according to Family Caregiver Alliance.
Michael Oher, Britney Spears put conservatorships in spotlight
Conservatorships are in the news this week because of NFL star Michael Oher, whose story inspired “The Blind Side.”
Six months after discovering he was never legally adopted, Michael Oher formally petitioned to remove conservatorship Sean and Leigh Anne Tuohy control over him.
In the petition he filed Monday in Shelby County, Tennessee probate court, Oher called the realization “painful.”
Taken in by the Tuohy family while experiencing poverty and navigating the foster care system, Oher became a first-round draft pick by the Baltimore Ravens after attending the Tuohys alma mater, Ole Miss. His life story was made into the 2009 blockbuster movie “The Blind Side” after the 2006 Michael Lewis book of the same name.
Michael Oher says Tuohy family profited off his life story that inspired ‘The Blind Side’
In his filing, Oher alleged that the family deceived him of his legal family status and that they exploited his life for financial gain. He requested that they stop using his name and likeness in addition to back pay for any money he may be owed.
Pop star Britney Spears was freed from a conservatorship after almost 14 years in 2021. Her struggle inspired a Free Britney movement.
Who needs a conservatorship?
Someone struggling with an illness, injury or disability may need a conservatorship, but courts also can appoint a conservator to an individual for other reasons that deem them unfit to manage their own affairs, according to WebMD.
Britney Spears finally tells her story on her own terms in “The Woman in Me.”
States differ on how they use the term conservatorship. Some use the term guardianship instead, while others reserve it solely for cases involving minors who are unable to care for themselves and need an appointed guardian to make decisions a parent or other trusted adult typically would.
What is the conservatorship process?
A relative, friend or specially trained court-appointed attorney may be established as a conservator after the court is petitioned for the appointment of one.
The petition outlines why the conservatee cannot manage their own affairs, prompting the court to investigate whether the individual in question is truly incapacitated and if the appointment of a conservator is justified, according to Family Caregiver Alliance.
Michael Oher has penned his second book, “When Your Back’s Against the Wall.” Oher, a former NFL lineman, is hoping to inspire those who face tough odds it is possible to pick yourself up when life knock’s you down to achieve your dreams.
If a conservator is granted, a court investigator will visit the conservatee regularly to determine whether a conservatorship is still necessary and what changes should be made to the scope of the conservatorship.
More: Why Michael Oher signed a conservatorship and what’s next in ‘Blind Side’ lawsuit
How does a conservatorship work in Pennsylvania?
According to the Unified Judicial System of Pennsylvania, when an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed to make certain decisions on their behalf. The nature of these decisions can include financial, medical and personal matters the incapacitated person has been determined unable to make.
And according to the Lento Law Firm, a guardianship/conservatorship is a tool that is intended to help and protect an individual’s financial and medical well-being when they are unable to make those decisions due to incapacity.
The firm, which specializes in family law, defines a guardian as an individual appointed to help make personal decisions on behalf of another person, while a conservator is appointed to make financial decisions on behalf of another person.
In Pennsylvania, beginning at the age of 18, a person has the legal right to make decisions on their own behalf.
The aggrieved party must file a petition to end the conservatorship.
What are alternatives to guardianship in Pennsylvania?
Some alternative forms of authority over personal and property dealings for an individual, similar to the benefits of guardianship, can be issued without going to court.
Examples include:
A Living Trust, which can name a person to manage your assets If you are disabled.
A Durable Power of Attorney, which is a document that functions as a property power of attorney. You can authorize a person to make property decisions on your behalf if you become disabled.
A joint bank account, which allows the trusted person the account is shared with the ability to access funds if you become disabled. This person can provide payment for your care after your disability.
A Health Care Surrogate or Advance Health Care Directive, which are documents that functions as a health care power of attorney. You can authorize a person to make health care decisions on your behalf if you become disable and you can also name others to make these decisions if the first choice cannot serve.
This article originally appeared on Bucks County Courier Times: Michael Oher, Britney Spears put conservatorships in spotlight. How they work in PA