A judge has denied the temporary emergency conservatorship Cher requested for her adult son on Monday. The proposed conservatorship proceedings remain ongoing
During Monday’s hearing in Los Angeles regarding the conservatorship, Cher was seeking to place her adult son under, a judge denied the pop icon’s recent ex parte motion that Allman be placed in a temporary emergency conservatorship. (The ex parte motion had previously been denied earlier in January due to Allman and his attorneys not having enough time to review the paperwork, and was ordered to continue Monday.)
The judge ruled against Cher’s proposed injunction because the proposed conservatee Allman, 47, has proved “he has managed his finances” and “has an apartment,” and since “he has remained drug free” after submitting “several drug tests.”
Allman attended the court date along with his legal team and his estranged wife Marieangela King, while the Grammy winner, 77, appeared remotely, with her lawyers there in person.
The decision came after the music legend’s attorneys argued that she filed the emergency request because “she feared that her son would not be alive within the year.”
Cher lawyer’s continued to voice her concern while referencing Allman’s treatment for schizoaffective disorder and revealing that he was placed in several 5150 holds — a California legal code which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization — within the past year. The attorneys also stated that they were working on receiving a bipolar diagnosis for Allman from a “leading physician.”
They said, “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.”
The judge stated in response, “I don’t question Cher’s concerns being driven by concern for her son. I don't think [Allman] questions that.”
Regardless, the justice said that there was not “sufficient evidence” to agree to the temporary conservatorship, since much of what they were arguing was 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,” the judge ruled.
The hearing also saw Allman’s lawyers request to Cher’s team that her trustee make financial distributions to him, including one that is due in the near future and another that was withheld in December.
The singer’s lawyers, meanwhile, confirmed that funds would be distributed, but that they would go directly to vendors instead of “directly into his hands.”
The hearing ended with the judge deciding they would resume with an additional hearing on March 6.
Following the decision against the temporary conservatorship, Allman’s attorney Steven Bremer shared a statement with PEOPLE. “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,” he said.
Bremer added, “We're looking forward to March. He's doing great. He's here today.”
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Monday’s court date follows a hearing held on Jan. 5.
Just a day before the hearing earlier this month, Cher had filed an ex parte motion stating that “the appointment of a temporary conservator is urgently needed” so the money Allman is owed from his trust “can be held and managed for his benefit,” according to documents obtained by PEOPLE.
The judge denied the request at the time and scheduled an additional hearing, arguing that Allman and his legal team did not have enough time to review all documents.
Prior to the Jan. 5 hearing, Allman also filed an objection to his mother's petition to appoint a temporary conservator. According to documents obtained by PEOPLE, he claimed “no reason exists for the appointment of a conservator” because “there is simply no emergency that requires it."
Allman stated in the filing that, while he has "struggled with addiction and spent money in ways that have not always been the most responsible” in the past, he is on “a path to sobriety” and “under the care” of a doctor.
Cher originally filed papers in the ongoing case in Los Angeles Superior Court in early January seeking to be the sole conservator of her son's estate, claiming that he is "substantially unable to manage his financial resources.”
The document states Allman is "currently unable to manage his assets due to severe mental health and substance abuse issues." The document also claims that his estranged wife is not fit to be his conservator because "their tumultuous relationship has been marked by a cycle of drug addiction and mental health crises."
The filing continues, "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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