Fox News Flash top entertainment headlines January 8
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Cher's request to be appointed permanent conservator over son Elijah Blue Allman's estate was denied in a Los Angeles courtroom Friday.
The "I've Got You Babe" singer claimed her son, 47, was unable to manage his finances due to "severe mental health and substance abuse issues" in her failed conservatorship bid, according to documents obtained by Fox News Digital.
Court orders for conservatorships aren't anything new in Hollywood. Britney Spears' legal battle became a cult phenomenon with documentaries dissecting the #FreeBritney hashtag, and Beach Boys founder Brian Wilson was once involved in a legal battle with his former conservator.
Celebrity divorce lawyer Christopher C. Melcher, partner at Walzer Melcher & Yoda, told Fox News Digital that "not all conservatorships are harmful."
CHER FILES FOR CONSERVATORSHIP OF SON, CLAIMS ELIJAH BLUE ALLMAN'S LIFE IS ‘AT RISK’
Cher attempted to become conservator of son Elijah Blue Allman's estate. (Edward Berthelot)
"They serve a protective purpose when an adult is unable to properly provide for their basic needs, or when the adult is susceptible to fraud or undue influence," Melcher said. "A conservatorship can help in those situations, but celebrities have been threatened with a conservatorship for behavior that does not meet the legal standard."
"If misused, a conservatorship could be abusive. There is a tremendous risk for abuse because, by definition, a conservatorship takes away the rights of an adult and places those rights in the hands of another. While the law requires oversight, the fact is that the oversight is lax and the conservatee may not have a voice in the process."
"If misused, a conservatorship could be abusive. There is a tremendous risk for abuse because, by definition, a conservatorship takes away the rights of an adult and places those rights in the hands of another."
Cher argued in the conservatorship petition, "Elijah is entitled to regular distributions from a trust established by his father for his benefit, but given his ongoing mental health and substance abuse issues, Petitioner is concerned that any funds distributed to Elijah will immediately be spent on drugs, leaving Elijah with no assets to provide for himself, and putting Elijah’s life at risk."
Cher was denied a conservatorship over son Elijah Blue Allman's estate. (SGranitz)
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Documents stated that Cher had worked "tirelessly" to help Elijah get "into treatment." She also claimed that his estranged wife, Marie Angela King, was "not supportive" of his recovery and was actively working against keeping Elijah from "getting clean and sober."
Melcher said that Cher's request to be appointed conservator was solely over Elijah's estate, which would take away his control over his own financial affairs. "The problem is that the conservatorship law is not designed for this purpose," Melcher said.
Cher was worried about money distributed to Elijah being "immediately" spent on drugs. (Ron Davis)
"There must be a showing that the adult cannot resist fraud or undue influence, usually as the result of a condition like dementia. It is not enough to show that the person makes poor choices, or even that the person has been the victim of a fraud, as there are plenty of high-functioning adults that fall into those categories who do not need a conservatorship."
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He added, "Elijah’s history of substance abuse could make him vulnerable, but that history alone should not be enough to take away his right to make financial decisions. As an adult, Elijah has the right to make mistakes. Taking away his right to control his own finances is not appropriate because there are less restrictive measures available."
"When Elijah responded to Cher’s request, he said he appreciates his mother’s concern but does not want her unsolicited help. He admits to having substance abuse problems and that he is now sober and getting counseling. He said he would agree to monitoring. These voluntary measures could be effective."
In November 2021, Britney Spears was freed from the controversial conservatorship her father, Jamie Spears, controlled for more than 13 years.
Following two involuntary psychiatric holds in 2008, Jamie was granted a temporary conservatorship over his daughter. At the end of the year, the court order became permanent, and Jamie was appointed conservator with attorney Andrew Wallet named as co-conservator.
Britney Spears regained her freedom from a 13-year conservatorship in November 2021. (Todd Williamson)
Wallet stepped down in 2019, shortly after Spears canceled her Las Vegas residency. On June 23, 2021, Britney finally addressed the courts in bombshell testimony and said she had been "traumatized" by her father and his restrictions. She claimed Jamie forced her to take lithium and sent her to a mental health facility against her will. The "Toxic" singer had previously claimed Jamie made her perform against her will.
"It’s a strong drug. You can go mentally impaired if you stay on it longer than five months," she said. "I felt drunk, I couldn’t even have a conversation with my mom or dad about anything."
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While addressing the court, Spears said, "I just want my life back. All I want is to own my money and for my boyfriend to be able to drive me in his car. I want to sue my family."
Melcher noted that Britney's conservatorship was "abusive from the start, as she was denied notice of the request and denied the right to counsel."
Jamie Spears became Britney's conservator in 2008 after multiple involuntary psychiatric holds. (Chris Farina)
"There was no basis to place her under a conservatorship, but her father had control over her life for 13 years," he said. "The red flag that should have been spotted by the court that Britney was working, including a Las Vegas residency, during the time that she was under a conservatorship. Anyone who can do a Las Vegas residency does not need a conservatorship."
"Britney's conservatorship was abusive from the start, as she was denied notice of the request and denied the right to counsel."
Brian Wilson of the Beach Boys was also under conservatorship in the 1990s.
Wilson was involved with psychologist Eugene Landy. Landy became a live-in psychologist and business partner. Family members said Landy over-medicated Wilson based on a paranoid schizophrenic diagnosis.
Beach Boys founder Brian Wilson was placed under a conservatorship in the '90s. (Harry Langdon)
This, along with other worrisome issues, caused a conservatorship request by the family to separate Wilson from the troubling doctor.
After becoming a teen comedy queen, former Nickelodeon star Amanda Bynes was placed under a conservatorship in 2013 by her mother, Lynn, after a string of unusual incidents, including a DUI arrest and a marijuana possession charge.
Amanda Bynes was placed under a conservatorship in 2013. (Getty Images)
Bynes was hospitalized and held for a mental health evaluation in July 2013 after allegedly starting a small fire in the driveway of a home in Southern California, authorities said at the time. Three years later, Lynn petitioned for a continuance of the conservatorship. In 2022, Bynes filed to have the court order terminated and succeeded with the judge ruling the conservatorship was "no longer required."
"Lynn is so proud of Amanda and the progress she has made and looks forward to having a mother-daughter relationship with Amanda outside of the conservatorship," Tamar Arminak told Fox News Digital on behalf of Bynes' mother.
Similar to Bynes' court order, a conservatorship is designed to protect a person. Kerri Kasem, the daughter of late radio legend Casey Kasem, claimed she was denied access to her father until winning a legal battle to become his conservator shortly before his death in 2014 at age 82.
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Kasem’s final days were plagued with a public family feud that continued long after his death. Keri claimed Casey's second wife, Jean Kasem, isolated Casey from his daughters and other family in his final years. Jean claimed his kids conspired to trick Casey into signing over a power of attorney so that they could have control over his medical decisions, which she believed may have played a part in his death. The "American Top 40" radio show host's estate was reportedly worth $100 million when he died.
Casey Kasem gained fame with his radio music countdown shows, "American Top 40" and "Casey's Top 40," and he was the voice of Shaggy in the cartoon "Scooby Doo." (Chris Polk)
"Casey Kasem was placed under a conservatorship at the request of his daughter based on claims that Casey’s new spouse had isolated him when he had Parkinson’s disease," Melcher said. "His wife denied that claim, saying that the visits from Casey’s children were upsetting to him."
"When there is a conflict between a new spouse and the children of a prior relationship, and the adult is unable to properly care for themself or resist fraud or undue influence, a conservatorship could protect the person."
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