Cher’s request for conservatorship over her adult son Elijah Blue Allman has been denied.
A Los Angeles judge rejected the 79-year-old singer’s request to appoint a conservator of Allman’s estate at a hearing on Friday without prejudice, meaning that she can file again, People reports.
A conservatorship, known in some states as a guardianship, is an involuntary status usually reserved for older or very ill people who are suffering from dementia or are otherwise incapacitated and unable to make decisions for themselves.
The judge said she did not see “sufficient urgency” in Cher’s request for private fiduciary Jason Rubin to be Allman’s conservator. Cher had asked the court to allow Rubin to oversee her son’s finances, including receiving distributions from Allman’s trust fund, managing a conservatorship account for his money and paying expenses on Allman’s behalf.
Allman, 49, appeared at the hearing via video call from a psychiatric hospital, where he is currently “in custody in the State of New Hampshire in a locked psychiatric hospital, in an attempt to restore him to competency to face criminal charges across two New Hampshire counties for: felony burglary, criminal mischief, simple assault, criminal trespass, and breach of bail,” according to court documents.
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The judge said that because Allman is in the hospital and has pending charges against him, she does not believe he will be able to access the money he receives from his trust, set up by his late father, Gregg Allman of the Allman Brothers Band, according to People.
Earlier this week, court documents revealed that Allman is still receiving US$120,000 a month via a trust that his father set up before his death.
The monthly payment is then “immediately squandered without regard for his liabilities or well-being,” the filing says.
“A lot of people don’t show up to court and get a default judgment and don’t need a conservatorship,” the judge said on Friday. “I am going to deny the temporary conservatorship without prejudice.”
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Before his court appearance on Friday, Allman’s lawyer told Rolling Stone that he planned to oppose his mother’s bid for a conservatorship over his finances.
“Elijah is disappointed, but not surprised, by this latest attempt to gain control over his finances,” his lawyer Avi Levy said. “We have spoken with Elijah several times this week, and he remains in good spirits despite the circumstances. Elijah does oppose the latest petition.”
This is the second time Cher has filed for a conservatorship over her son.
In December 2023, Cher filed over claims that his life was “at risk” due to “severe mental health and substance abuse issues.”
The court documents, which were submitted to the Los Angeles Superior Court in December 2023, said the conservatorship was “urgently needed” for Allman. Through her lawyers, Cher argued that her son could not manage his financial resources or protect his property from loss or injury.
The documents for the proposed conservatorship said Allman was entitled to regular distributions from a trust established by his late father. However, Cher was “concerned” that her son would spend the money on drugs, “leaving Elijah with no assets to provide for himself, and putting Elijah’s life at risk.”
By September 2024, Cher had withdrawn her original bid as the two had “reached a private agreement” after a nine-month legal battle.
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