A Los Angeles County judge has Chers Emergency application refused to appoint a court-appointed guardian over her son’s finances while he is being held in a psychiatric facility in New Hampshire and faces criminal charges against him.
Cher had filed for immediate guardianship of Elijah Blue Allman – her only son with late Allman Brothers singer Gregg Allman – ahead of his next quarterly payout from his father’s estate trust in May. The judge said she saw no urgency and would reconsider the matter at a follow-up hearing in June. She added that Cher could return sooner if another court finds Allman incompetent.
Allman, 49, attended the hearing via video link from his hospital in New Hampshire. He sat in an office chair and spoke only briefly: He asked that his former lawyer Steven K. Brumer represent him and thanked the judge for her ruling.
Judge sees no urgency
“I certainly understand the concerns of Mr. Allman’s friends and family about his behavior. But those concerns do not necessarily mean that the proposed ward lacks legal capacity or that probate conservatorship would be appropriate,” said Jessica A. Uzcategui of the bench. “I will reject the temporary guardianship without prejudice.”
Friday’s hearing came more than a year after a 2024 private settlement between Cher and Allman that ended Cher’s previous attempt to gain control of his trust payments. Cher filed her first guardianship application in 2023, claiming Allman urgently needed protection given “serious mental health issues and addictions.”
When Cher filed her renewed application last week, she claimed Allman had reneged on his promise to hire a financial manager. His life was once again derailed by ongoing substance abuse and mental health problems and he urgently needed court supervision.
Allman described as “severely impaired.”
“Elijah’s situation has become threatening on multiple levels. His mental health has deteriorated dramatically, his financial situation is dire, and his drug addiction has reached new lows,” reads the new petition, filed in probate court on April 15 and viewed by ROLLING STONE. She called Allman “severely impaired” and pointed to his recent back-to-back arrests in New Hampshire – for alleged threats at a school and a break-in at a woman’s home.
Cher’s attorney, Justin Gold, told the court Friday that Allman was taken into custody in New Hampshire after he apparently “went to visit a friend” and experienced “some sort of escalation” that led to his arrests and incarceration. Gold argued that a financial conservatorship was urgently needed because Allman was saddled with “significant debts” – including a $200,000 tax bill and a $6,500 monthly child support obligation that he said he couldn’t afford.
“Hopefully his health can [in New Hampshire] be treated and improved. And while he recovers there, hopefully getting off the addiction and getting medication, his financial ship can be put back on track,” Gold said. “In a closed facility, he can’t do as much damage – but the damage has already been done, and someone has to take care of it.”
Cher hires a child support attorney
Gold said Cher eventually hired a lawyer to reduce monthly alimony payments after Allman defaulted on divorce proceedings. However, without further legal intervention, her hands are tied.
“She’s trying to help him, make sure he gets back to being the person she knows and loves,” Gold said. “As are his brother and the rest of the family, all of whom are deeply saddened by what is happening.”
The judge heard both sides and said she saw no “urgency for judicial intervention” on Friday. The trust payout planned for May does not meet the requirements of an emergency.
Judge doubts the urgency
“Given that the proposed ward is currently in a psychiatric hospital and has charges pending against him, I have no reason to believe that he could access this payout and use it for illegal substances or expensive hotels,” she said.
In a statement to ROLLING STONE on Thursday evening, Allman’s additional attorney, Avi Levy, said the 49-year-old guitarist for the rock band Deadsy is “disappointed but not surprised by this renewed attempt to gain control of his finances.” He and his colleague “spoke to Elijah several times this week and he is in good spirits despite the circumstances.”
When Cher first sought conservatorship in December 2023, Allman appeared in court in person to oppose it. He explained that he had stopped using drugs and was going to get his finances in order. Judge Uzcategui also rejected an emergency guardianship and scheduled a more comprehensive hearing on a possible permanent arrangement – but then the parties reached an agreement out of court.
Years of chaos since the comparison
Since 2024, Cher said, Allman has been living “well beyond his means” – switching between “expensive hotels he can’t afford” and short-term rentals, allegedly causing more than $50,000 in damage to an Airbnb and racking up an $18,000 bill from a drug dealer.
According to an arrest warrant viewed by ROLLING STONE, Allman was arrested on February 27 at St. Paul’s School in Concord, New Hampshire, on charges of trespassing, menacing and simple assault. Local station WMUR 9 News reported that Allman allegedly entered school grounds, pretended to be a potential parent, then became aggressive and pushed a student with his walking stick. Allman was arrested and released, followed two days later by another arrest for burglary in Windham, New Hampshire, after a woman called police and said she was “hiding in a closet” because someone had broken into her home, according to a police report viewed by ROLLING STONE. Officers encountered a smashed glass door and Allman “sitting on the living room sofa smoking a cigarette.”
A judge in New Hampshire set June 16 as the trial date for Allman’s Concord school case at a hearing on Monday, according to WMUR. Allman did not appear in person at Monday’s hearing.
Pattern of payout and crash
Cher’s filings say Allman receives $120,000 a year from the trust set up by his father. As soon as he receives a payment, it is “immediately squandered, without regard to his liabilities or well-being.”
“There is a clear pattern in Elijah’s behavior,” Cher claims in documents filed by her attorney. “After he receives his trust payout, he checks into a hotel – usually the Chateau Marmont – buys drugs and uses them until the money runs out, ends up in the hospital or overdoses. Based on this pattern, he will use the payout to buy drugs.”
Allman’s brother, Devon Allman, filed an affidavit in support of the new guardianship petition. “It is my assessment that he is currently a danger to himself and is unable to manage his life or any funds that may become available to him,” he wrote. “My recent visit to check on him filled me with deep pain that took me weeks to process. His condition – both physical and mental – was frightening or delusional.”
Devon explained that he had previously been forced to “negotiate a five-figure drug debt with a heroin dealer” because his brother couldn’t pay. “This was very difficult to deal with. But I felt compelled to help out of concern for his safety,” he wrote. “I strongly urge that Elijah be kept away from money until he has demonstrated a serious willingness to invest in his long-term physical and mental health.”
New application with professional guardian
When Cher first applied for guardianship in 2023, she wanted to be appointed as her son’s financial guardian. This time she is asking the court to appoint Jason Rubin, a licensed private trustee. She requests that Rubin be given authority to accept her son’s trust payouts and use them to pay Allman’s expenses as she sees fit. Rubin was present in court Friday but did not address the judge.
