Cher’s bid for emergency conservatorship over son Elijah Blue Allman denied — past 5150 holds revealed
Los Angeles Superior Court Judge Jessica A. Uzcategui denied the Grammy Award-winner’s recent ex parte motion that Allman, 47, be placed in a conservatorship.
Cher‘s attempt to place her son Elijah Blue Allman under a temporary emergency conservatorship has been denied for the second time.
On Monday, Los Angeles Superior Court Judge Jessica A. Uzcategui denied the Grammy award-winner’s recent ex parte motion that Allman, 47, be placed in a conservatorship, according to Avi Levy, one of Allman’s attorneys.
Allman appeared in court with his legal team and his estranged wife Marieangela King, while the actress appeared remotely, while her lawyers were present physically.
The judge ruled against Cher’s proposed injunction because Allman proved “he has managed his finances,” “has an apartment,” and “has remained drug-free” after submitting “several drug tests.”
Cher’s Attorneys Argue for Conservatorship, Citing Mental Illness and Substance Abuse
Cher’s attorneys argued that Allman’s current apparent sobriety and mental health were illusory and that he suffers from bipolar disorder, was recently homeless, and that having large amounts of money might lead to access to drugs that could endanger his life.
Allman and his attorneys have consistently argued since the petition was first filed in December that none of this is true.
Court Weighs Arguments, Denies Temporary Conservatorship
Judge Uzcategui had already signaled at a hearing on 5 January that she wasn’t inclined to establish a conservatorship, delaying the decision until Monday because documents had not been shared in time with Allman’s attorneys.
The judge stated 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.
Past 5150 Holds Revealed in Court
During the hearing, Cher’s lawyers referenced Allman’s treatment for schizoaffective disorder. They revealed he was placed in several 5150 holds, which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization over the past year.
The attorneys also stated that they were working on receiving a bipolar diagnosis for Allman from a “leading physician.”
Cher’s Concern for Son’s Well-being
The judge stated: “I don’t question Cher’s concerns being driven by concern for her son. I don’t think [Allman] questions that.”
Cher’s attorneys continued to voice her concern, stating that “she feared that her son would not be alive within the year.”
Additional Hearing Scheduled
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.
Ongoing Conservatorship Proceedings
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.”
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.”