A Los Angeles judge has denied Cher‘s petition to secure a temporary conservatorship over her son, Elijah Blue Allman.
The decision comes after a legal expert said the “Strong Enough” singer would have to meet a “high legal standard” if she were to get conservatorship over her adult son in the state of California.
Cher previously filed the same petition against Elijah in 2023, but had it denied the following year due to him fighting back and saying he doesn’t need conservatorship.
Following Cher’s legal move to place her adult son, Elijah Blue Allman, under a temporary conservatorship, legal experts weighed in on the situation, suggesting she may encounter difficulties getting her bid.
According to Us Weekly, family law expert and senior attorney at Sullivan Law & Associates, Rachael Bennett, said that even though her concerns are warranted, the 79-year-old singer has to meet a “high legal standard” for things to swing her way.
“To get a conservatorship over an adult child in California, Cher will have to meet a pretty high legal standard,” Bennett told the news outlet. “She has to prove by clear and convincing evidence that Elijah is either unable to provide for his basic personal needs, things like food, clothing, shelter, or medical care, or that he’s totally unable to manage his finances.
The lawyer continued, “Even if she proves that, the court still has to find that there’s no less restrictive alternative, like a trust or a power of attorney or some kind of other support system.”
A Judge Denied The Singer’s Petition Due To A Lack Of ‘Sufficient Urgency’
During an April 24 court hearing in Los Angeles, a judge denied Cher’s petition for her son to be placed under temporary conservatorship without prejudice.
According to reports, the judge said that she didn’t see “sufficient urgency” in the pop icon’s request.
Elijah appeared in a video call from the psychiatric facility where he’s undergoing treatment in Connecticut, but the judge ruled that because he’s currently facing outstanding charges, she doesn’t think he’ll have access to the money he receives from his late father’s trust.
“A lot of people don’t show up to court and get a default judgment and don’t need a conservatorship,” the judge said. “I am going to deny the temporary conservatorship without prejudice.”
Cher Previously Filed For Conservatorship
Cher filed for fiduciary Jason Rubin to be named conservator over Elijah’s estate on April 17, claiming her son’s life “has significantly deteriorated” since the first one she filed in 2023, which a judge denied the following year.
According to the legal expert Bennett, the denial stemmed from her inability to produce clear and convincing evidence that Elijah was incongruent and unable to fend for himself.
“Her earlier petition was denied because the judge didn’t see enough evidence of incapacity, basically saying that the petition was premature,” Bennett said. “At that time, Elijah pushed back with evidence that he was sober, that he was receiving treatment, and that he was managing his own financial affairs.”
The expert explained that the development left the court feeling like Cher’s argument “leaned too heavily on fears about what might happen,” and even though she was being proactive, they needed her to wait until his life “basically deteriorated before it would step in.”
Cher Raised Alarm About Her Son’s Criminal Charges
Cher’s latest petition described a dire situation where she claimed Elijah is in a New Hampshire psychiatric facility following a string of legal troubles earlier this year, including charges of burglary and assault.
The document explained that he’s in the facility as part of efforts to restore his competency so he can stand trial for the criminal charges.
She added that this only reflects his “Current set of problems,” adding that he lacks a proper understanding of money and cannot handle his finances.
She claimed that any money he gets, he always spends it on “drugs, expensive hotels, and limousine transportation.”
Elijah Would Have Lost The Ability To Access His Own Money ‘Freely’ If His Mother’s Request Had Been Approved
Bennett considered the possibility of Cher’s request being accepted in court, explaining that it would give “significant, but also very targeted control” over Elijah’s finances.
According to the legal expert, a court-appointed conservator will have to step in and manage the singer’s son’s estate due to his mother’s claims.
Bennett added, “So in practical terms, he would lose the ability to just freely access or manage his own money, and he probably would be put on a controlled allowance system of some sort.”
