Cher's Request For Conservatorship Over Son Dismissed
The temporary emergency conservatorship Cher requested over her son Elijah Blue Allman has once again been denied.
A Los Angeles hearing saw Cher asking to place her adult son under a conservatorship, to which a judge denied.
This ex parte motion was previously denied, earlier in January, due to Elijah and his attorneys not having time to review the paperwork.
A judge ruled against Cher’s request due to the fact that Elijah has proved "he has managed his finances" and "has an apartment," and since "he has remained drug-free" after he submitted to "several drug tests."
Elijah attended the hearing with his legal team and estranged wife Marieangela King. Cher attended remotely while her lawyers appeared in person.
The decision to file the request after Cher "feared that her son would not be alive within the year," according to her attorneys.
Her lawyer proceeded to voice her concern and referenced Elijah's treatment for schizoaffective disorder.
It was revealed he had been placed in several 5150 holds within the last year, which is a California legal code allowing a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalisation.
Her attorneys also claimed they were working on receiving a bipolar diagnosis from a "leading physician."
"Cher was told by doctors that if she did not take this step as his mother that he will once again end up on the street.”
In response, the judge said, "I don’t question Cher’s concerns being driven by concern for her son. I don't think [Allman] questions that.”
The judge also said there wasn't "sufficient evidence” to agree to the temporary conservatorship, and that most of the arguments were based on "fears" and hypotheticals.
“That in and of itself is not basis for the court to appoint a probate conservatorship. I have not seen the evidence to grant a temporary, emergency conservatorship as of today."
Also at the hearing, Elijah's lawyers requested Cher's trustee make financial distributions to him, which includes one due in the near future, previously withheld in December.
Cher's lawyers confirmed funds would be distributed. However, they revealed they would go directly to vendors instead of “directly into his hands.”
The end of the hearing saw the judge decide an additional hearing would take place on March 6th.
After the hearing, Elijah's attorney shared a statement that read, "Elijah is thrilled, as the Court saw, he does not need a temporary conservatorship. He's grateful to his fans, friends and community for their support. He's doing great."
“We're looking forward to March. He's doing great. He's here today.”
The first court date was scheduled for January 5th. One day prior to the hearing, Cher filed an ex parte motion stating, "the appointment of a temporary conservator is urgently needed” in order for the money Elijah is owed from his trust “can be held and managed for his benefit."
At the time, the judge denied the request and scheduled another hearing on the basis Elijah and his legal team didn't have time to review all the documents.
Before this hearing, Elijah filed an objection to Cher's request to appoint a temporary conservator.
He claimed "no reason exists for the appointment of a conservator” because “there is simply no emergency that requires it."
He stated that while he has "struggled with addiction and spent money in ways that have not always been the most responsible,” he is now on “a path to sobriety” and “under the care” of a doctor.
Cher filed papers originally to be the sole conservator of Elijah's estate. She claimed he was "substantially unable to manage his financial resources.”
Documents stated Elijah is "currently unable to manage his assets due to severe mental health and substance abuse issues."
It also claimed his estranged wife isn't fit to be his conservator, because "their tumultuous relationship has been marked by a cycle of drug addiction and mental health crises."
"Elijah is entitled to regular distributions from the Trust, but given his ongoing mental health and substance abuse issues, [Cher] is concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk."
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