Understanding Adult Guardianship and Conservatorship: Questions From Cher’s Case

Cher’s court battle to gain a conservatorship over son Elija due to his ongoing substance abuse may have you asking, What exactly is a conservatorship? You may want to protect an adult child or spouse who needs additional assistance handling daily activities and managing their finances. Often, many people assume they do not have options to help their loved ones, but you do. If you have an adult child who is suffering from substance abuse or mental health issues, you can consider a guardianship or conservatorship. There are pros and cons to each. It is ideal to speak to a qualified probate attorney. SmithTaire Legal represents those who are seeking guardianship or conservatorship. 

What Are Adult Guardianships?

For adult guardianship, the court will authorize a person to make decisions for someone else. The person who cannot make decisions is called a ward. Adult Guardianships can apply to cases involving anyone over the age of 18 who has a mental illness, suffers from mental deficiency, or has another qualifying condition that hinders them from caring for themselves.

The court will appoint an appropriate party to decide on health care and residence for the ward along with other important responsibilities The court appoints a guardian they feel can make this decision in the ward's best interest. A guardian must go through a vetting process before they can be appointed. Additionally, they must provide proof they are fit to be a guardian. 

Explaining Conservatorships 

Conservatorships focus on the financial matters involving the proposed ward. In many instances, conservatorship is not needed.  When a court appoints a conservator, the appointee will manage the person's property and financial affairs. Some of the responsibilities of the conservator include the following:

• Opening bank accounts for the incapacitated adult so the conservator can pay their bills and debts 

• Account for expenses spent by the conservator for the ward 

• Making a list of the ward's assets to provide to the court 

• Maintain and supervise the person's assets 

• Applying and handling the person's medical, government, and employment benefits 

Essentially, a conservator will handle the financial affairs of the incapacitated adult. Appointing a conservator is a major decision, and working with a qualified probate attorney is best. SmithTaire Legal has been ranked as best of Gwinnett for the past four years.  We have a passion for providing comfort in times of need. 

Cher Seeks Conservatorship of Her Son Elijah Blue Allman  

Conservatorships are often sought when a loved one is suffering from substance abuse or mental illness that hinders them from accomplishing daily tasks. Celebrities are now seeking these arrangements more often. Most of us are aware of the infamous case of Britney Spears. Another high-profile case unfolding before our eyes is Cher's filing to place her son, Elijah Blue Allman, into a conservatorship. She seeks to manage his finances, including a trust left to him by his father. The singer alleges her son is suffering from severe substance abuse and mental health concerns, which prevent him from adequately managing his finances and other daily activities.

She cites her fear that Elijah will spend his trust funds on drugs instead of using them for essentials like rent and food. A significant concern is that Elijah is married. Typically, when pursuing conservatorships, the spouse would take over the estate before a parent could. However, according to Cher, Elijah's wife, Marieangela King, is not fit to take over. The singer says Elijah's wife has been instrumental in his demise. Additionally, the couple is amid a divorce.

Elijah and his wife are adamant about Cher not taking over as conservator. The couple is now reconciling and dismissed their divorce. In the past, King alleged that Cher was manipulative towards getting the conservatorship by forcing Elijah into a lockdown facility before filing the documentation. With him being in a facility, that would have helped her request a conservatorship. 

Ending a Conservatorship or Guardianship 

Some conservatorships or guardianships are temporary and will end after a protected person reaches a milestone. Other times, it can end because the conservator failed in their duties. Often, conservatorships can end because the person no longer needs assistance or has died. If the conservatorship is for a minor, it will end when they become a legal adult.

There are instances where another family member files a complaint to request the removal of the guardian or conservator. This is often due to an alleged breach of fiduciary responsibilities. This process requires substantial evidence that the guardian or conservator is unfit to handle the protected person's estate. 

Removing or Contesting a Conservator or Guardian 

A ward or protected person can object to having an appointed guardian or conservator. Some people feel the appointment is made of ill will or they are capable of caring for themselves. Sometimes, the reason for termination is the guardian or conservator has failed in their duties and breached their fiduciary duties. If you are a protected person, you will need a probate attorney to review your options. 

Beginning the Court Process 

In every situation, the court process must be started before a guardian or conservator can be appointed. The first step is to file a petition seeking guardianship and/or conservatorship for the incapacitated person. The party who files the petition is the person who is seeking to take over as  guardian or conservator. There will be court fees and documentation to fill out. An affidavit by a licensed clinical worker, psychologist, or physician may also be required. Petitions should also present sufficient evidence that the person is incapacitated and they are the right fit for managing their estate. It is best to work with a qualified probate attorney. 

Speak to Georgia Guardianship Attorney Jammie Taire at SmithTaire Legal 

When seeking a conservatorship and/or guardian, working with a qualified attorney is best. While you can submit the paperwork independently, the court process may be difficult to navigate alone. Even with legal assistance, you can face challenges establishing a conservatorship. SmithTaire Legal has a passion for providing comfort in times of need. Schedule an initial consultation with our probate attorney by calling (678) 253-8133 today.