Cher’s Conservatorship Battle With Son Elijah Blue: What Are Her Options?

Cher shares a child with late musician Gregg Allman. Allman left behind a trust that gives their 47-year-old son significant sums of money. She is concerned that her son, who has a history of severe mental health issues and alleged substance abuse, is unable to manage these distributions. What can she do?

Cher Files for Conservatorship

In December of 2023, Cher’s attorneys filed a petition in the Los Angeles Superior Court for the conservatorship of son Elijah Blue Allman. She asked to be appointed as his temporary conservator because of his inability to manage his assets. She also asked the court that his estranged wife, Marieangela King, not be considered as his conservator due to their tumultuous relationship.

Elijah Blue acknowledged his past mental health and substance abuse issues. Still, he was able to show the court that he did not need intervention. The judge, Jessica Uzcategui, found that he was capable of managing his finances and was drug-free. The court denied Cher temporary conservatorship.

Court documents show that the denial stemmed from Cher’s lawyers posing hypotheticals and grave concerns instead of proof that her son could not manage his own affairs.

There was to be another conservatorship hearing in 2024. However, recently, Cher’s legal team announced they were dropping the petition in favor of settling things privately. Allman’s attorneys, Cage & Miles, stated that the result “allows the parties to focus on healing and rebuilding their family bond.”

What Is a Conservatorship?

A petition for conservatorship asks a court to appoint a person or organization to handle the personal and financial affairs of another when that individual cannot manage their own affairs due to a mental or physical incapacity. A spouse may ask for a conservatorship if their loved one has dementia, as in the case of Jay Leno seeking conservatorship for his wife. A parent may file a petition for an adult child if they have a mental health crisis, which was the basis of a court awarding a conservatorship over Britney Spears.

One reason a parent may want a conservatorship over an adult child is to control their money and protect them from bad influences. Or, in the case of Cher’s son, because of a history of substance abuse and mental health issues. A conservatorship protects them from themselves.

Court conservatorships are coming under increasing scrutiny, given trending headlines about conservators and the #FreeBritney movement. Judges may be less inclined to grant a conservatorship over an adult child, even if they have substance abuse or mental health issues.

What Can a Parent Do?

If Cher could “turn back time,” she may have urged Gregg Allman to include a provision in his trust document allowing the trustee (a person or organization tasked with managing the money and distributions of a trust) to hold back trust disbursements if his child had a significant physical or mental issue that prevented them from handling the money.

Cher’s petition for conservatorship was another way to control Allman’s finances, but the court denied it.

Absent a conservatorship over an adult child, what options does a parent have to help their loved one?

One step they could take is to ask their child to become their agent in their financial power of attorney. A power of attorney allows someone to name another person as their agent or attorney-in-fact to handle their financial affairs. If they need help, the parent can step in to manage their money and make decisions on their behalf. However, the big question is if the adult child is willing to grant that power to their parent.

Other options include:

• Encourage voluntary treatment options such as therapy, counseling, and rehabilitation programs.
• Put them in touch with support groups like Alcoholics Anonymous or Narcotics Anonymous.
• Identify outpatient treatment programs.
• Talk to an attorney specializing in conservatorships for alternatives.

Estate Planning Can Help

Cher’s public legal maneuver to help her son highlights the importance of developing an estate plan to fully protect children in the event of mental or physical issues. This can be done in a will or trust. In a will, a parent can direct their personal representative or executor to hold money in a trust if the personal representative deems that the child cannot manage it. The personal representative can distribute funds for the child’s living expenses, education, etc., but prevent the child from blowing their inheritance. You can include a similar provision in a trust, where the trustee manages the financial resources for the child until they decide they are mentally and physically able to manage their money.

If you have similar concerns, you may want to talk to an estate planning attorney to explore options like financial power of attorney or specialized estate planning to safeguard your loved one’s future.

Related Resources

• Guardianship Laws FAQ: When Is Guardianship Necessary? (FindLaw Learn About the Law)
• What is a Conservatorship? 5 Basic Questions (FindLaw’s Law and Daily Life)
• How To Leave Money to Beneficiaries Who Can't Manage It (FindLaw’s Law and Daily Life)