On Monday, a judge in Los Angeles denied the Grammy winner's request for conservatorship a second time
At Monday's hearing in Los Angeles, a judge denied the pop icon’s recent ex parte motion that Allman be placed in a temporary emergency conservatorship because the proposed conservatee, 47, has proved “he has managed his finances” and “has an apartment,” and since “he has remained drug free” after submitting “several drug tests.”
"Temporary conservatorships are granted under exigent or emergency circumstance," David A. Esquibias, a California probate attorney, tells PEOPLE exclusively.
"The person asking for the temporary conservatorship has to prove there is an imminent likelihood of damage or loss to life or property," he adds.
Monday's decision came after the 77-year-old Grammy winner argued that she filed the emergency request because “she feared that her son would not be alive within the year.”
"While the court appears to be sympathetic to Cher’s perspective — that her son is likely to injure or kill himself without the protection of the conservatorship — the judge was not persuaded that a deprivation of her son’s rights was immediately required to protect him," adds Esquibias.
He concludes, "Cher must be terrified the judge made the wrong decision. Time will tell."
At the hearing, Cher lawyer’s continued to voice her concern while referencing Allman’s treatment for schizoaffective disorder and revealing that he was placed in several 5150 holds — a California legal code which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization — within the past year. The attorneys also stated that they were working on receiving a bipolar diagnosis for Allman from a “leading physician.”
They said, “Cher was told by doctors that if she did not take this step as his mother that he will once again end up on the street.”
The judge stated in response, “I don’t question Cher’s concerns being driven by concern for her son. I don't think [Allman] questions that.”
Regardless, the justice said that there was not “sufficient evidence” to agree to the temporary conservatorship, since much of what they were arguing was based on “fears” and hypotheticals. “That in and of itself is not basis for the court to appoint a probate conservatorship. I have not seen the evidence to grant a temporary, emergency conservatorship as of today,” the judge ruled.
The hearing also saw Allman’s lawyers request to Cher’s team that her trustee make financial distributions to him, including one that is due in the near future and another that was withheld in December.
The singer’s lawyers, meanwhile, confirmed that funds would be distributed, but that they would go directly to vendors instead of “directly into his hands.”
The hearing ended with the judge deciding they would resume with an additional hearing on March 6.
Following the decision against the temporary conservatorship, Allman’s attorney Steven Bremer shared a statement with PEOPLE. “Elijah is thrilled, as the Court saw, he does not need a temporary conservatorship. He's grateful to his fans, friends and community for their support. He's doing great,” he said.
Bremer added, “We're looking forward to March. He's doing great. He's here today.”
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