I highly doubt there will be an actual money obtained in this particular action by Oher. Some of the things he asks for, like injunctions, are probably not under the jurisdiction of the Probate Court. Some of the actions he highlights could constitute a tort action, but that would be for a different court and judge to consider; Shelby County has specific Probate Court judges versus their regular Circuit Court judges. The movie allegations might even require suit be filed in California.
The request for an accounting will likely die quickly, as there doesn't seem to be anything indicating a Petition for a Fiduciary. A conservator of the person only requires providing for basic needs.
Oher didn't file this for the money, or if he thought he was, his lawyers are taking him for a money ride(and that indicates he still has money to pay 3 people hundreds per hour).
The order states that the Tuohys are only conservators of his person, not the finances, so the petition to ask for an accounting will likely not produce much. But the language is quite tedious to process, because the Tuohys also have "all powers of attorney". There can be power of attorney over finances, medical, legal, etc. If they have "all powers of attorney", I would infer that means the Tuohys do have all those powers to this day.
Power of Attorney | Crow Estate Planning and Probate, PLC (johnwcrow.com)
Durable General Power of Attorney
A durable general power of attorney equips your agent with the broad ability to make general and financial decisions for you during your lifetime. So for example, if you want to appoint a family member or friend as your agent, that person has the ability to perform the following actions:
- Write checks out of your personal account
- Pay bills
- Take out loans in your name
- Make investment decisions
- File your taxes
There is no bond filed with the court either.
In the end, the court will likely only decide whether the conservatorship will continue or not. Even though it could "Grant any other relief the court considers appropriate and in the best interest of the person with a disability.", the way the pleading is written, there are no specific counts stating what violations of law occurred, something an attorney would flesh out if they were serious about that. The court will do one of four things to the petition: dismiss it, remove conservator and dissolve the conservatorship, remove the current conservator and appoint a successor, or modify the original order.
What he'll probably get is that he no longer has to get his conservators' approval to enter contracts. So, he can buy a house, open a bank account, buy a car, find another job, without them controlling that decision. Maybe he wanted to buy a house or car with his wife and title said asset together in both of their names; he asked his the Tuohys, and they refused him. Then he realized the scope of what they can do over him.
This petition is like just a warning shot, with only a small peppering of potential misconduct written out. His life story is mostly fluff and all the allegations that appear based on paperwork is old enough to be barred by statute of limitations. More damage will be done to the Tuohys in the court of public opinion than monetarily, as the representation that they adopted him is false. At the time of the court order, there were no other ongoing proceedings. At the present, the Tuohys misrepresented tot he world that adults cannot be adopted when they absolutely can in Tennessee. And implicitly, the Tuohys promised him money by saying they were adopting him....and the public would have believed that too since adoption as understood by laypeople is that someone not of biological relation to at least one parent becomes part of a family.
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