Michael Oher, Britney Spears put conservatorships in spotlight. How they work in Delaware

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 Delaware, 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.

A conservatorship provides a “higher degree of protection” for the individual given the court oversight of the conservatee. A conservatorship can deal with a person's estate and financial affairs, their person or both.

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.

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.

States differ in 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.

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.

How does a conservatorship work in Delaware?

Delaware does not use the term “conservatorship,” instead using “guardianship” to describe all cases relating to the matter. You must go to court to obtain guardianship.

Custody differs from guardianship in Delaware in that custody generally relates only to minors and personal care issues, while guardianship can apply to adults and financial matters, according to the state’s Court of Chancery.

Delaware’s Court of Chancery defines a guardian as a person appointed by the court to make medical and/or financial decisions for a person with a disability. The three types of guardianships in Delaware are:

• Guardianship of an adult person.

• Guardianship of an adult person’s property.

• Guardianship of the property of a minor child who is under 18.

An individual, called the ward, can have one guardian managing both personal and financial affairs, or two separate guardians may be appointed. An institution, such as a bank, may be appointed guardian of the property.

Responsibilities of a guardian of personal affairs include:

• Determining where the person lives.

• Providing for their care and comfort, including food, clothing, shelter, and social or family connections.

• Obtaining services to achieve the person's best possible quality of life.

• Authorizing or refusing medical treatment for the person.

• Monitoring the need for continued guardianship.

Responsibilities of a guardian of property include:

• Taking inventory of, and locating and controlling the person's assets and income.

• Dividing any assets they own jointly.

• Protecting and ensuring the assets and income are used for the person's benefit.

• Filing required federal and state government documents, such as tax returns, and applying for available government benefits, such as Medicare, Medicaid, or Veterans Affairs benefits.

• Filing regular accountings of receipts and expenditures with the applicable court.

What are alternatives to guardianship in Delaware?

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 disabled and you can also name others to make these decisions if the first choice cannot serve.

Got a tip or a story idea? Contact Krys'tal Griffin at kgriffin@delawareonline.com. 

Chris Bumbaca of USA Today contributed to this story.

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This article originally appeared on Delaware News Journal: 'The Blind Side' Michael Oher story puts conservatorship in spotlight