Over the past few weeks, news headlines have been ablaze over iconic singer and actress Cher's request for a temporary, emergency-basis Conservatorship over her son, Elijah Blue Allman. This request was denied by an L.A. court judge.
Celebrity conservatorship cases, including those of Britney Spears and Amanda Bynes, often spark intensive conversations. While the headlines may often be reserved for the rich and the famous, they make the news because they beg an important question: are Conservatorships an appropriate legal tool to use? Trust & Will takes a look into the Cher Conservatorship case and discusses what tools can be implemented to protect oneself and one's loved ones in difficult circumstances.
What are Conservatorships?
A Conservatorship is a legal arrangement established to protect individuals who cannot manage their own affairs. This can be due to a wide number of circumstances, such as incapacitation, a disability, or as we often witness in the news -- drug and alcohol abuse that are often intersected with mental illness diagnoses.
A court can appoint a Conservator to oversee and manage the individual's care. Conservatorship duties are comprehensive and tailored to the needs of the person being cared for, known as the Conservatee. These responsibilities may involve:
Financial management, such as handling the Conservatee's assets, paying bills, and collecting income.
Medical decision-making, which includes consenting to or refusing certain treatments based on the Conservatee’s best interests.
Living arrangements, ensuring that the Conservatee has a safe and suitable place to live.
Personal care, including oversight or direct involvement in the day-to-day care and personal needs of the Conservatee.
Legal representation, acting on behalf of the Conservatee in legal matters.
Record Keeping, meticulously documenting expenses, medical care, and living conditions to provide accountability.
Conservatorships are ultimately designed to serve as a protective measure, ensuring those who are vulnerable receive the necessary support and care. The intention behind these legal arrangements is to safeguard the well-being and rights of an individual when they're unable to do so themselves. While the role of a conservator is multifaceted and critical, it’s important to remember that every decision is made with the best interests of the Conservatee at heart. In essence, Conservatorships embody the principle of stewardship and compassion, whereby the appointed Conservator becomes a nurturing figure, striving to provide stability and preserve the dignity of the Conservatee during challenging times.
As you might imagine, establishing a Conservatorship often falls into an ethical gray area. The Conservatee loses a degree of their freedom, but for the higher purpose of protecting them. However, this leaves a margin of error. When implemented incorrectly, a Conservatorship can do more harm than good. Because the Conservator is delegated with significant power over their Conservatee, it leaves room for the abuse of power and other misconduct. At other times, the restraints placed by the Conservatorship itself can be potentially harmful and unproductive.
These Conservatorship issues can help provide clues as to possible reasons why Cher's request to become a Conservator for her son may have been denied.
Cher & Elijah: Is Conservatorship Appropriate?
Cher is an iconic figure known for her dynamic career as a singer and actress. She's known for top hits such as "Believe" and "If I Could Turn Back Time." She has two sons, Chaz Bono and Elijah Blue Allman.
The latter, Elijah, has faced significant health challenges that have affected his personal and professional life. His battle with Lyme disease, a complex and often misunderstood illness, has been challenging due to its tricky symptoms and the difficulties in obtaining a definitive diagnosis and suitable treatment. Lyme disease's impact on mental and physical health can be profound, leading to fatigue, cognitive difficulties, and at times, debilitating pain. Further, Elijah's past substance abuse issues, which he has publicly addressed, may have been a coping mechanism for the untreated symptoms and psychological distress stemming from the disease.
The 77-year-old Grammy winner filed for a temporary emergency Conservatorship over Elijah in December 2023 month with claims that Elijah was unable to manage his financial resources, which includes a Trust from which he receives regular distributions. She also moved to block her son from receiving his scheduled Trust payouts to protect himself from his alleged addiction issues.
According to Inside Edition, the petition filed by Cher stated, ""Elijah is entitled to regular distributions from the Trust, but given his ongoing mental health and substance abuse issues, Petitioner is concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk."
People Magazine interviews revealed that the petition also claimed that Allman's estranged wife, Marieangela King is not fit to be his Conservator, accusing King of exacerbating Allman's continued cycles of substance abuse and mental health crises.
Battling addiction is an ongoing process, one that requires immense support, understanding, and empathy from family, friends, and health professionals. Cher's desire to establish a Conservatorship for Elijah stemmed out of a deep concern for his well-being.
However, the Los Angeles court ultimately concluded that the threshold for establishing a Conservatorship had not been met and denied Cher's request last month. The court's decision was likely influenced by several factors, including Elijah's own ability to manage his affairs, the presence of less restrictive alternatives, and possibly the historical concerns regarding Conservatorships infringing upon individual freedoms.
Conservatorships Aren't Always Appropriate
Understanding Elijah’s perspective on the Conservatorship proposal is crucial to appreciating the full scope of this case. Defending his autonomy, Elijah asserted his capacity to handle his personal and financial affairs despite his health challenges.
NBC News shares an excerpt of Allman's January 5th court document:
“While I understand that my mother, the proposed conservator, believes she is looking out for my best interests and I appreciate her love and support, I do not need her unsolicited help at this time.”
He emphasized the progress he had made in managing both his recovery from substance abuse and the ongoing treatment for Lyme disease. Central to his argument was his commitment to maintaining independence and the positive strides he had achieved through personal determination and a robust support system. Elijah’s defense underscored the fundamental right to self-determination and how less restrictive measures, such as medical support and financial advice, could be employed without the need for a Conservatorship, preserving his freedom while still addressing his well-being. This stance placed a spotlight on the delicate balance between protection and autonomy in conservatorship cases and highlighted the necessity of considering the individual's voice and rights in the decision-making process.
This situation underscores a broader issue: Conservatorships are not universally appropriate.
Public cases such as those of Cher and Britney Spears open up discussions on the complexities and nuances surrounding Conservatorships. Concerns about abuses of power and diminished autonomy are valid, prompting us to look at how estate planning can avoid such outcomes.
The Role of Conservatorships in Estate Planning
Conservatorships, when implemented correctly and appropriately, can be a powerful estate planning tool that helps to protect your loved ones. Here are some examples of how Conservatorships can be effective:
1. Ensuring the well-being and financial management of loved ones: Conservatorships can be a crucial element of an estate plan, particularly when loved ones may not have the capacity to make informed decisions for themselves. It safeguards the individual's needs are met and their finances are well-managed.
2. Providing care for individuals with special needs or disabilities: For families with members who have special needs, a Conservatorship can provide a structured environment where the protected person's interests are prioritized and legally defended.
3. Protecting assets and making financial decisions on behalf of incapacitated individuals: At times when individuals cannot vocalize their financial preferences or manage their resources, a Conservator acts to maintain assets and ensure that financial responsibilities are handled appropriately.
Strong Alternatives to Conservatorships
As we have seen with the case of Cher v. Elijah, Conservatorships aren't always the answer. There are contention points where the incentives and interests of the Conservator and the Conservatee aren't aligned.
Instead of a Conservatorship, these other estate planning tools should be considered:
Durable Powers of Attorney: This allows individuals to designate someone they trust to make financial or healthcare decisions on their behalf if they become unable to do it themselves.
Living Trusts: These can be set up to handle an individual's assets during their lifetime and dictate the distribution of assets after death, thus avoiding the need for court intervention.
Health Care Directives: Also known as a Living Will, it lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions.
Joint Ownership: Holding property jointly with rights of survivorship means that upon the death of one owner, the property automatically passes to the joint owner without the need for probate or conservatorship.
Representative Payees: For those who need help managing government benefits such as Social Security, a representative payee can be appointed to manage these funds on their behalf. This helps prevent Trust payouts or other types of income from inadvertently jeopardizing their eligibility for government benefits.
Community Resources: There are non-legal supports and services that can provide care and assistance without the need for a conservatorship, such as adult day care centers, home health aides, and financial counseling services.
Informal Family Support: Often, family members can provide practical support and care, including help with financial decisions and daily living tasks, without the need for formal legal structures.
Important Estate Planning Lessons from Cher's Case
What Cher's case demonstrates to us is that Conservatorships are not always an appropriate solution for protecting a loved one. Additionally, it teaches us that the onus is on us to protect ourselves from others.
From Elijah Allman's perspective, Cher's petition to act as his sole estate Conservator was a violation of his independence. While Cher clearly loves her son and wishes to protect him, Allman provided substantial evidence that he has the capacity to manage his own affairs. A Conservatorship should not be approved on the basis of "what-ifs." However, it just takes one judge to make a call and enact a completely different outcome.
To protect one's own assets and autonomy, an estate plan is critical. As we suggested in the above examples, there are many different legal tools that can be used in place of a Conservatorship. Instead of allowing someone else to put controls over you, you can take the reins by vetting and appointing your own fail-safes.
The key is to take a proactive approach to putting safeguards in place. That is the only surfire way to protect yourself and your loved ones. While there is a time and a place for Conservatorships, they're not always the best solution.
Inspired to take action? While these types of cases can feel scary when we start thinking about our own autonomy and freedom, we hope that you can use this as fuel and motivation to put your own estate plan in place. With a Will, Trust, and other powerful tools such as a Power of Attorney and Healthcare Directive, you can attain peace of mind knowing that you have a say in what should happen to you and your affairs if anything were to happen. Protect yourself with a Trust & Will estate plan today -- you'll be pleasantly surprised at how you can get this done easily online through our platform at a fraction of the cost!
Is there a question here we didn’t answer? Reach out to us today or Chat with a live member support representative!
Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
Share this article