Attorney Explains Conservatorships In Oklahoma Compared To Other States

Conservatorships have been in the news a lot in the last couple of years. Many folks maybe heard about conservatorships for the first time because of the Britney Spears or Michael Oher cases.

Attorney Lashandra Johnson, with Johnson Cephas Law, joined us to talk about some differences between Oklahoma and other states when it comes to this issue.

What is a conservatorship?

In Oklahoma, there are two key requirements for a conservatorship. The first requirement is that for conservatorship to be considered, a person will have a physical disability and be unable to care for their property. The second is that that person must voluntarily consent to the establishment of the conservatorship and to a conservator being appointed.

In Michael Oher's case, under Tennessee law, a conservatorship is a legal proceeding where a court strips the decision-making abilities from someone who is a minor or has a disability or someone who cannot make decisions on their own. A conservatorship includes transferring that decision-making ability to someone else (a conservator) or a group of people (co-conservators).

One of the most famous cases involving a conservatorship was that of singer Britney Spears, who lived under a court-appointed conservatorship from 2008 until 2021.

1. Britney Spears' conservatorship, explained
2. Amanda Bynes' conservatorship terminated after nearly 9 years

Because conservatorship laws vary between states, it's difficult to determine how many people live in conservatorships across the country, ACLU attorney Zoe Brennan-Krohn told CBS News in 2021 when speaking about Spears' case. She added that they are often granted when an individual encounters difficulties or age-related disabilities.

Conservatorship vs. adoption

In a conservatorship, the conservator is legally allowed to make decisions on another person's behalf without technically making them a family member. The person with a disability or other challenge only needs to sign the proper legal documents to grant the conservatorship, as Oher did in August 2004.

Under adoption laws, an adoptee legally becomes a permanent member of the applicant's family.

Adoption laws vary by state, with a few states placing age limits on adoption. Tennessee, the home state of Oher and the Tuohys, is among the states that allow adults to adopt someone who is over 18, according to law firm Anderson Hunter.

Conservatorship meaning

Having a conservatorship also plays a role in the person's finances. A conservator or co-conservators typically have authority over the finances and personal affairs of the person they're overseeing.

Oher claims in his petition that the Tuohy family generated millions of dollars off the book "The Blind Side" by best-selling author Michael Lewis and its film adaptation starring Sandra Bullock and Tim McGraw, both of which carried Oher's name and likeness. Oher claims that he himself has received nothing off of the book or Oscar-nominated movie. The Tuohys will continue to profit from his name if the conservatorship isn't ended, he argues.

Aside from Britney Spears, actor Amanda Bynes also recently successfully fought to end her conservatorship, giving her full control of her medical, financial and personal decisions.