The pop icon appeared in a Los Angeles court remotely on Monday to hear a judge's decision on the temporary emergency conservatorship she proposed her adult son be placed under
The pop icon, 77, appeared in a Los Angeles court remotely on Monday to hear a judge’s decision on the temporary emergency conservatorship she requested be placed on her adult son, 47, in the midst of the ongoing conservatorship case that she brought forth. Throughout the hearing and as the judge ultimately denied the temporary request, the superstar seemed distraught while her attorneys spoke about her concern for Allman’s health and safety.
Cher’s lawyers explained that she filed the temporary injunction because of how dire she sees the situation as being, as she hopes to handle the money Allman is owed from his trust so that it is managed for his benefit.
Her attorney explained that “she feared that her son would not be alive within the year” due to two alleged ongoing issues that they pointed to, including a “history of drug use” and his “schizoaffective disorder” diagnosis. Cher's lawyer also stated they expect to receive a bipolar diagnosis for Allman 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,” the Grammy winner’s attorney said.
While Allman claimed in an objection to the motion for a temporary emergency conservatorship filed by Cher, which was obtained by PEOPLE, that he had been receiving treatment for addiction, the musician’s lawyers argued that she was more concerned about his history of mental illness.
“[Drug use] is the secondary issue, it is the issue of mental illness that makes Mr. Allman vulnerable,” they said. “He is surrounded by people who deny the mental illness component.”
During the hearing, the music legend’s team revealed that Allman had been placed under 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. They stated that the most recent incident was in September when Allman was said to be sober but experiencing a “psychotic episode.”
Her attorneys added, “We are trying, your honor, to avoid this situation where his life is at risk.”
Cher’s team also said that she is “very much amenable” and would “absolutely consent” to a “third party professional fiduciary” be appointed to Allman by the court.
The hearing concluded with the judge ruling against the temporary emergency conservatorship, despite stating, “I don’t question Cher’s concerns being driven by concern for her son. I don't think [Allman] questions that.”
The justice explained Monday’s ruling by saying 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 judge also pointed to how Allman has proved “he has managed his finances” and “has an apartment,” and since “he has remained drug free” after submitting “several drug tests.”
The decision comes after Cher’s ex parte motion had previously been denied earlier in January due to Allman and his attorneys not having enough time to review the paperwork, which led to the appointment of Monday’s court date.
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Allman attended the hearing along with his legal team and his estranged wife Marieangela King.
The hearing ended with the judge deciding they would resume with an additional hearing on March 6, as the proposed conservatorship case remains ongoing.
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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