“She’s out here trying to help him, trying to make sure he’s in a
position to become the person who she knows and loves,” Cher's lawyer
told the court at a Friday hearing
by Nancy Dillon
A Los Angeles County judge has denied
Cher’s
emergency bid to have a court-appointed conservator placed in charge of
her son’s finances while he remains locked in a New Hampshire
psychiatric facility facing criminal charges.
Cher had asked for the immediate conservatorship over Elijah Blue Allman, her only son with late Allman Brothers singer Gregg Allman,
ahead of his next quarterly payout from his late father’s trust in May.
The judge said she did not see the urgency and would reconsider the
matter at a follow-up hearing in June. The judge added Cher could return
sooner if another court finds Allman lacks capacity.
Allman, 49, appeared at the hearing remotely. On a live video feed from
his hospital in New Hampshire, he sat in an office chair and spoke only
briefly, asking that his former attorney, Steven K. Brumer, represent
him and thanking the judge for her ruling.
“I certainly understand the concerns of Mr. Allman’s friends and family
regarding his behavior. But those concerns do not necessarily equate to
a finding that the proposed conservatee lacks capacity or that a
probate conservatorship is appropriate,” Jessica A Uzcategui said from
the bench. “I am going to deny the temporary conservatorship without
prejudice.”
Friday’s hearing came more than a year after Cher and Allman reached a private settlement in 2024
that ended Cher’s earlier effort to get control of his trust payments.
Cher brought her first petition for a conservatorship in 2023, claiming
Allman “urgently needed” protection amid “severe mental health and
substance abuse issues.”
When Cher filed her revived petition
last week, she claimed Allman failed to live up to his promise to hire a
business manager. She claimed his life has been derailed again by
ongoing substance abuse and mental health issues, and he desperately
needs court supervision.
“Elijah’s situation has become dire on multiple fronts. His mental
health has severely deteriorated, his financial situation is terrible,
and his drug dependency is at its worst,” her new petition filed April
15 in probate court and obtained by Rolling Stone alleges. She
called Allman “gravely disabled,” pointing to his recent back-to-back
arrests in New Hampshire for allegedly making criminal threats at a
school and breaking into a woman’s house.
On Friday, Cher’s lawyer, Justin Gold, told the court that Allman ended
up in custody after traveling to New Hampshire “to apparently visit a
friend” and going on “some sort of a spree” that led to his arrests and
hospitalization. Gold argued that a financial conservatorship was
urgently needed because Allman is burdened by “substantial debts,”
including a $200,000 tax bill and a $6,500-a-month spousal support
obligation that he allegedly cannot afford.
“Hopefully his health can be handled and improved [in New Hampshire].
And while he’s there improving himself and hopefully being weaned off
addiction and getting some medication, his financial ship can be
righted,” Gold said. “He can’t do as much damage in a locked facility,
but the damage has been done, and someone needs to deal with it.”
Gold said Cher ultimately retained a lawyer to try to reduce the
monthly spousal support payments after Allman defaulted in the divorce
case. But he said there’s only so much she can do without more court
intervention.
“She’s out here trying to help him, trying to make sure he’s in a
position to become the person who she knows and loves,” Gold said. “And
the same with his brother and the rest of the family, who are all so sad
about what’s happening.”
The judge heard arguments from both sides and said she couldn’t see any
“exigency for the court’s intervention” on Friday. She said the trust
distribution set for May did not qualify as an emergency.
“Given that the proposed conservatee is currently in a psychiatric
hospital with pending charges awaiting him, I don’t have any reason to
believe he would be able to access any of that distribution for illicit
substances or expensive hotels,” she said.
In a statement to Rolling Stone on Thursday night, Allman’s
other lawyer, Avi Levy, said the 49-year-old guitarist for the rock band
Deadsy was “disappointed but not surprised by this latest attempt to
gain control over his finances.” The lawyer said he and his co-counsel
had “spoken with Elijah several times this week, and he remains in good
spirits despite the circumstances.”
When Cher first sought conservatorship control in
December 2023, Allman appeared in court to oppose the effort in person,
saying he had stopped using drugs and would get his finances in order.
Judge Uzcategui declined to grant an emergency conservatorship then as
well and set a more comprehensive hearing on a possible permanent
arrangement, but then the parties settled.
Since 2024, Cher claims, Allman has been “living wildly beyond his
means,” bouncing between “expensive hotels he cannot afford” and
short-term rental homes, allegedly causing more than $50,000 in damage
to one Airbnb, and purportedly racking up an $18,000 bill with a drug
dealer.
According to a bail order obtained by Rolling Stone, Allman
was arrested on Feb. 27 at St. Paul’s School in Concord, New Hampshire,
on suspicion of trespassing, criminal threats, and simple assault. Local
outlet WMUR 9 News reported
that Allman allegedly slipped onto campus, claiming he was a
prospective parent, turned belligerent, and poked a student with his
cane. Allman was booked and released, then arrested again two days later
on a burglary rap in Windham, New Hampshire, after a woman called
police saying she was “hiding in a closet” because someone had broken
into her home, a police affidavit obtained by Rolling Stone
alleges. Officers arrived to find a shattered glass door and Allman
“seated on the living room couch smoking a cigarette,” the report says.
A New Hampshire judge set a June 16 trial for Allman’s Concord school case at a hearing on Monday, WMUR reported. Allman did not attend the Monday arraignment hearing in person, the outlet said.
Cher’s documents say Allman receives $120,000 a year via the trust set
up by his dad. Once he gets a payment, it’s “immediately squandered
without regard for his liabilities or well-being,” Cher’s court filings
say.
“There is a clear pattern in Elijah’s behavior,” Cher alleges in the
documents filed by her lawyer. “After he receives his trust
distribution, he checks into a hotel, usually the Chateau Marmont, buys
and does drugs until he runs out of money, ends up in the hospital, or
overdoses. Based on this pattern, if Elijah were to receive his trust
distribution, he will use it to buy drugs.”
Allman’s brother, Devon Allman, submitted a declaration in support of
the new conservatorship request. “It is my opinion that he is currently a
danger to himself and unable to manage his life, and any funds that
would become available to him,” he wrote. “My recent visit to check in
on him brought me unfortunate and profound sadness that took weeks of my
life to process. His condition, both physical and mental, was appalling
and delusional, respectively.”
Devon said he previously was compelled to “negotiate with a heroin
dealer for a five-figure sum of drug debts” because his brother was
unable to pay. “That was very difficult to navigate. I felt compelled to
help for his safety, though,” he wrote. “I strongly urge that Elijah be
kept away from money until he has demonstrated a commitment to invest
in his long-term physical and mental health.”
When Cher initially sought a conservatorship in 2023, she asked to be
named her son’s financial conservator. This time, she’s asking the court
to appoint Jason Rubin, a licensed private fiduciary. She’s asking the
court to grant Rubin the power to receive her son’s trust distributions
and use them to pay Allman’s expenses at his discretion. Rubin appeared
in court Friday but did not address the judge.
Full Article & Source:
Judge Denies Cher’s Bid for Emergency Conservatorship Over Son Elijah Blue Allman
See Also:
Cher Seeks Conservatorship Over Her Son Elijah Blue Allman for the Second Time
Cher Begged Court for a Conservatorship Before Son Elijah’s Hospitalization
Cher Ends Conservatorship Battle With Son Elijah Blue Allman
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