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Adult Guardianships and Conservatorship: Cher Files for Conservatorship of Son Elijah

Adult Guardianships and Conservatorship Cher Files for Conservatorship of Son Elijah

What happens when your adult child becomes incapacitated due to substance abuse or mental health issues? Sadly, for many families this is a reality. Cher and her son are under scrutiny over her petition for a conservatorship. Cher filed for a conservatorship for her son Elijah Blue Allman, 47, to manage his finances ‘due to severe mental health and substance abuse issues.’

Elijah recently filed a response in court stating that while he has had issues with substance abuse and irresponsible spending, he is on the right path now. He states he recently passed a drug test and is willing to undergo more to ensure he can continue to receive the funds from the Trust his father left him. Additionally, he stated that a more appropriate party to handle his conservatorship would be his wife. The couple was undergoing a divorce, which Elijah is now dismissing.

Legal protections using Estate Planning tools such as adult guardianships and conservatorship can be essential when someone becomes incapacitated and can no longer safely manage their own finances, health and personal affairs. 

 

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Why Cher Is Pursuing A Conservatorship to Protect Her Adult Son

Cher claims that Elijah can no longer manage the funds he receives each quarter from the estate Trust his late father left him. She claims this is due to drug use and mental health concerns. She believes he spends all his money on drugs. His father, Gregg Allman, passed away in May of 2017, leaving his son with a Trust. There is a court date set for March 2024. Cher claims she has familial support on the matter.

She also states that Elijah’s wife is estranged and has been instrumental in destroying his life. Elijah and Maireangela King have been separated and filed for divorce. They recently dismissed the divorce proceedings and work on their relationship. There are claims that his wife has been hindering his mental health and substance abuse treatment. King has allegedly taken Elijah out of treatment. Their separation is why King is unfit to be the conservator. The mother and son have been throwing allegations at each other in court.

King has also made statements about the conservatorship. She claims Cher’s actions are disturbing and that she has been excluded from her husband’s medical treatment decisions. She denounces claims that she cannot care for her husband or his estate. Marieangla King also claims that Cher concocted a plan to throw Elijah into a lockdown facility before filing for the conservatorship – a claim that Cher denies.

How Conservatorship Works in Florida

Generally, a conservatorship is when a person is appointed to handle another person’s estate. The most famous conservatorship is Brittney Spears, who was recently able to end her year’s long conservatorship under her father. In Florida, conservatorships are typically sought when the person is mentally or physically incapacitated. This includes situations such as:

  • Someone who disappears
  • A person who is serving in the Armed Forces
  • Mentally deranged persons
  • Anyone who is mentally incompetent due to substance abuse, mental illness or other causes

Florida Legislature Chapter 747.02 authorizes the circuit court jurisdiction to appoint estate conservators. There will be a hearing before the court. They will review the situation and determine if there is a need for a conservator. A potential conservator will take an oath to perform their appointed duties and have the power to:

  • Sell the absentee’s property
  • Manage and invest the absentee’s assets
  • Collect income on behalf of the absentee

Potential conservators can include:

  • Spouse
  • Adult Child
  • Parents
  • Siblings

For the conservatorship to end, the absentee must sign a petition and potentially hire a Florida Estate Planning Attorney to represent them.

Options for Florida Parents to Protect Adult Children

As a parent, you would do anything for your child. When they become adults, they have independence and handle their affairs. However, sometimes adult children suffer from mental health struggles or substance abuse that can hinder their independence and harm their future. When they have a substantial estate or are in another qualifying situation, you want to protect your child’s future.

  • One option is to seek a conservatorship and review other estate planning options.
  • Wills and Trusts can also play a crucial role in helping your adult child.
  • An adult guardianship gives legal authority to ensure the individual gets the medical treatment they need and also allow the guardian to oversee their ward’s personal finances.

Potential conservators must petition the State as soon as possible since the process can be complex. It is best to work with a Florida Estate Planning Attorney who can help with the legal process. The steps for petitioning involve:

  • File documents with the court
  • Explain the circumstances for the conservatorship
  • Provide information about the absentee’s Last Will
  • Notify other family members about the petition
  • The court sets the matter for a hearing
  • You must show the court you are the appropriate person to be the conservator

A conservatorship is different from a guardianship. Often, people use these terms interchangeably. The critical difference between the two is the circumstances that lead to either situation. A guardianship in Florida can be established when a family member is incapacitated from an injury or illness. This condition has prevented them from making decisions independently. The guardian will be responsible for:

  • Financial
  • Legal
  • Healthcare matters

What a Florida Conservatorship Petition Should Include

When working with your Estate Planning Attorney in Florida, you will outline the specifications of the conservatorship. This can include things such as:

  • The circumstances that led to the person being absent or unfit, such as mental illness or substance abuse
  • If the person benefits from a Will or Trust and their financial status needs protection
  • Why there is a need for a conservatorship

Conversely, there are reasons your child can claim against you to end your conservatorship. In cases of disappearance, the conservatorship can end when the person is found or returns home. Other reasons the adult child can file claims against the conservator include:

  • Conservator didn’t establish their interest in the absentee’s property
  • They failed to establish the absentee was a Florida resident
  • If the absentee has established a power of attorney before their incapacitation
  • A person with a vested interest in the estate can claim they did not receive proper notice
  • If there is conservatorship abuse

Discuss all of the possibilities with the Siegel Law Group. Our Florida Estate Planning Attorneys can outline the terms of your conservatorship or other estate needs.

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Do You Need To Protect An Adult Child With Mental Health or Substance Abuse Issues?
Call THE South Florida Estate Planning Attorneys – The Siegel Law Group

Life is unexpected; sometimes, you must care for your children into adulthood. Our South Florida Estate Planning Attorneys provide ongoing support during the process. We can provide you with adequate options for your circumstances. Call our office at (561) 955 8515 to schedule a complimentary consultation or submit our online contact form to schedule a consultation today. If you have any questions, do not hesitate to contact us.

 

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