Cher's lawyers claim Elijah Allman's conservatorship a 'life and death decision' but judge denies plea

Cher's lawyers claim Elijah Allman's conservatorship a 'life and death decision' but judge denies plea
Cher had filed a petition to take control of her son Elijah Allman's finances (Getty Images, Michael Bezjian/WireImage)

LOS ANGELES, CALIFORNIA: A judge refused to immediately place Cher's estranged son, Elijah Blue Allman, under a temporary conservatorship when he showed up in court on Friday, January 5, one day after his famous mother declared him missing.

The singer's attorneys contended at the hearing that the suggested conservatorship was "a life and death decision".

After applying for a divorce dismissal earlier this week, Allman, 47, showed up at court with his estranged wife Marieangela King, while Cher's attorneys attended the hearing in her absence.

Judge Jessica A. Uzcategui of the Los Angeles Superior Court found that Cher's attorneys had failed to provide Allman and his counsel with the required paperwork to provide them enough time to present their case, per New York Post.



 

Cher claimed 'appointment of a temporary conservator is urgently needed'

The 77-year-old Academy Award-winning actress had already filed a petition to take control of her son's finances, claiming that he was unable to manage them due to his struggles with addiction and serious mental health problems.

The pop icon requested that her son Allman be placed under a temporary conservatorship in an ex parte motion that was filed on Thursday, January 4.

Cher's attorney stated, "We need the ability today to be able to receive the money on behalf of Mr. Allman to simply be sure to safeguard it and be used for his benefit."

The ex parte application was finally dismissed by the judge, who stated that because the documents were filed on Thursday, Allman and his legal team did not have enough time to review them all.

During the Friday hearing, Allman also asked the court to approve the appointment of new counsel since his previously assigned, court-appointed attorney turned out to have a "conflict of interest".

The temporary hearing was set to continue on January 29 after the attorneys he recommended were accepted.

Cher filed an ex parte motion on January 5 asking for her son to be given a temporary conservatorship until the hearing.

Following claims of kidnapping, Cher requests Elijah Blue Allman's conservatorship (VinnieZuffante/GettyImages)
Cher has requested for Elijah Blue Allman's conservatorship (VinnieZuffante/Getty Images)

According to the performer's claims in paperwork obtained by PEOPLE, "the appointment of a temporary conservator is urgently needed" for Allman's trust money to "be held and managed for his benefit".

According to the document, Allman "is entitled to receive distributions from a Trust, but due to severe mental health and substance abuse issues, he is not currently able to manage his finances".

The Grammy winner served Allman by email, according to the filings, since she was "unable to locate" and "personally serve him".

Cher also served his estranged wife Marieangela King over email because she "was concerned" that "if she became aware of the proceeding she would take steps to prevent Petition from locating and serving Elijah".

A permanent order hearing is set for March 6, while the one on Friday was for a temporary order.

Elijah Blue Allman objected to Cher's request for temporary conservatorship

Allman submitted an objection to his mother's petition to appoint a temporary conservator before their Friday, January 5, morning court appearance.

According to the records, he argues that "no reason exists for the appointment of a conservator" because "there is simply no emergency that requires it," per PEOPLE.

Allman claims in the statement that he has "struggled with addiction and spent money in ways that have not always been the most responsible". He also says that he is prepared to submit to drug tests, attends AA meetings, and is currently "under the care" of a doctor.

According to the filings, Allman says, "I am reconciling with my wife so that we can work on our relationship now that I have found a path to sobriety."

Cher has requested a conservatorship for her son Elijah Blue Allman in court documents (RonDavis/GettyImages)
Elijah Blue Allman said in court filings that he is not 'comfortable' having mother Cher as his conservator (RonDavis/Getty Images)

"Under no circumstances am I comfortable having my mom as my conservator," the documents went on to say.

"While I understand that my mother, the proposed conservator, believes she is looking out for my best interests and I appreciate her love and support, I do not need her unsolicited help or support at this time," Allman's statement added.

The 'Believe' singer claimed that her son is "substantially unable to manage his financial resources" when she applied for a conservatorship in December, hoping to become the only conservator of his estate.

The conservatorship request was made a year after King claimed in divorce court documents that Cher had recruited four men to abduct Allman from a New York hotel room, allegedly as an intervention to force him into rehab.

However, the 'Goddess of Pop' has refuted the allegations of abduction.

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