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Conservatorship Attorney in Concord, CA | Matthew W. Harris, Esq., LLM

When someone you love can no longer manage their own finances, medical decisions, or daily care, you’re left in an incredibly hard spot. You want to help. You need legal authority to do so. But you’re not sure where to start or who to trust.

That’s exactly what a conservatorship is for, and it’s exactly what Matthew W. Harris helps families across Concord, Walnut Creek, and Contra Costa County work through every day.

Matthew is a licensed estate planning and probate attorney with an LLM (Master of Laws), a credential that goes beyond a standard law degree. He knows California’s conservatorship laws inside and out, and he knows the local courts, including the Probate Division at the Contra Costa Superior Court in Martinez, where these cases are filed and heard.

If your family is facing this situation, you don’t have to figure it out alone.

When Is a Conservatorship Necessary?

conservatorship attorney matthew harris

Conservatorships aren’t always the first option, and they aren’t right for every family. But there are situations where they become genuinely necessary.

Common circumstances that lead families in Concord and the East Bay to file a conservatorship petition include:

  • A parent with dementia who has started missing bills, giving money to strangers, or making decisions that put them at risk
  • A loved one recovering from a traumatic brain injury or major stroke who can’t currently handle their own affairs
  • An adult child with a developmental disability who is aging out of school-based services and needs a legal framework for their care
  • A family member experiencing serious cognitive decline who never created a power of attorney when they still had legal capacity
  • A situation where someone’s financial accounts are at risk of exploitation and there’s no other legal mechanism to step in

One thing people often miss: if a loved one already has a valid durable power of attorney or advance healthcare directive in place, a conservatorship may not be needed. Matthew will always look at what documents already exist before recommending court proceedings. In many cases, proper estate planning earlier in life avoids this process entirely.

But when it is needed, it’s worth doing right.

What Is a Conservatorship?

A conservatorship is a court-supervised arrangement where a judge appoints a responsible person, called a conservator, to make legal decisions on behalf of someone who can no longer do so for themselves.

California law, under the Probate Code, recognizes two main types:

Conservatorship of the Person gives the conservator authority over personal decisions, such as where the person lives, what medical care they receive, and how their day-to-day needs are met.

Conservatorship of the Estate gives authority over financial matters. This includes managing bank accounts, paying bills, handling property, and protecting assets from fraud or exploitation.

In many cases, families petition for both at the same time. The court decides which type, or which combination, best fits the situation based on the conservatee’s actual needs.

Types of Conservatorship in California

General Conservatorship

This is the most common type for older adults. It’s typically sought when a parent or spouse has been affected by dementia, Alzheimer’s disease, a severe stroke, or another condition that has significantly reduced their ability to care for themselves or manage money.

General conservatorships give the conservator broad authority, subject to court oversight, to act in the conservatee’s best interest.

Limited Conservatorship

Limited conservatorship is available specifically for adults with developmental disabilities. It’s designed to give families the legal tools they need while still preserving the person’s independence as much as possible.

A limited conservator may only exercise the powers a judge explicitly grants, which can include decisions about living arrangements, education, consent to medical treatment, and access to confidential records.

If your adult child has a developmental disability and is approaching adulthood, a limited conservatorship may be the next step your family needs to plan for.

LPS Conservatorship

LPS (Lanterman-Petris-Short) conservatorships are a separate legal track for people who are gravely disabled due to a serious mental disorder or chronic alcoholism. These are initiated through county agencies, not private petitions, and require annual renewal. Matthew can help you understand whether this track applies to your situation.

How the Conservatorship Process Works in Contra Costa County

Filing a conservatorship in Contra Costa County means going through the Probate Division at the Wakefield Taylor Courthouse in Martinez. Here’s a general overview of what to expect:

Step 1: Prepare and File the Petition Matthew prepares all required court forms, including the petition, confidential medical declarations, and any supporting documents. Accuracy at this stage matters. Errors or missing information can delay the case by weeks.

Step 2: Notice to Interested Parties California law requires that notice be given to the proposed conservatee, close family members, and other interested parties. This step has specific legal requirements and deadlines.

Step 3: Court Investigator Review The court appoints an investigator who interviews the proposed conservatee, reviews the evidence of incapacity, and submits an independent report to the judge. This step protects the proposed conservatee’s due process rights and ensures the conservatorship is truly in their best interest.

Step 4: Probate Court Hearing A judge at the Contra Costa Superior Court reviews the petition, the investigator’s report, and any objections. In straightforward cases, the conservator may be appointed at the first hearing. In more complex situations, the judge may continue the case to gather more information.

Step 5: Letters of Conservatorship Once the judge approves the petition, the court issues Letters of Conservatorship, the official document that authorizes the conservator to act. Banks, hospitals, and other institutions recognize this document.

Step 6: Ongoing Court Supervision Conservatorships don’t end after the appointment. Conservators must complete a mandatory workshop, file an inventory and appraisal of the estate, and submit annual accountings to the court. Matthew helps conservators stay compliant and avoid costly mistakes in this ongoing process.

The timeline from filing to appointment typically runs 30 to 60 days for uncontested cases. Complex or contested conservatorships take longer.

Why Work With Matthew W. Harris?

There are a lot of attorneys who handle conservatorship cases. Here’s what sets this practice apart.

He holds an LLM, not just a JD. The Master of Laws degree represents advanced, specialized legal education beyond what a standard law degree covers. When it comes to probate and estate law in California, that depth of knowledge matters.

He knows the local courts. Matthew practices in Contra Costa County regularly. He knows the Probate Division in Martinez, understands how local judges approach these cases, and knows what it takes to get a petition approved efficiently.

He’s a solo practice, which means you work directly with him. You won’t be passed off to a paralegal or a junior associate. When you call, you talk to Matthew. When you have questions, you get real answers.

He looks for the right solution, not just a conservatorship. Sometimes the right answer is a durable power of attorney, a trust amendment, or another legal tool. Matthew reviews your family’s full situation before recommending a course of action.

He serves clients across the East Bay. Matthew works with families in Concord, Walnut Creek, Pleasant Hill, Martinez, Clayton, Pittsburg, Antioch, Brentwood, Lafayette, Orinda, Danville, and surrounding communities throughout Contra Costa County.

Related Legal Services

Conservatorship proceedings often overlap with other areas of estate planning and elder law. Matthew also helps clients with:

  • Guardianship for minor children whose parents are unable to care for them
  • Probate Administration when a loved one passes without a trust
  • Trust Administration to guide successor trustees through their duties
  • Durable Power of Attorney and Advance Healthcare Directives that can prevent the need for conservatorship
  • Special Needs Planning for families with a disabled child or dependent adult
  • Living Trusts, Wills, and Estate Planning to protect your family before a crisis arises

Talk to a Concord Conservatorship Attorney Today

If you’re worried about a parent, spouse, or adult child and need to understand your legal options, the first step is a conversation.

Matthew W. Harris, Esq., LLM serves families throughout Concord and Contra Costa County. He’s a member of the State Bar of California and the Contra Costa County Bar Association, and he brings advanced legal training and genuine local knowledge to every case.

You can reach Matthew to schedule a consultation and get real answers about your family’s situation. There’s no pressure and no obligation. Just clear, honest guidance from an attorney who handles these cases every day.

Matthew W. Harris, Esq., LLM Estate Planning and Probate Attorney Serving Concord, Walnut Creek, Pleasant Hill, Martinez, and all of Contra Costa County

Frequently Asked Questions About Conservatorship in California

A power of attorney is a document the person signs voluntarily while they still have mental capacity. It lets them choose who handles their affairs and what powers that person has. A conservatorship, on the other hand, is a court process that happens when a person can no longer sign legal documents on their own. If your parent already has capacity and hasn’t yet signed a power of attorney, now is the time to do it. If they’ve already lost capacity, a conservatorship is typically the only legal path forward.

For uncontested cases, most families can expect the process to take 30 to 60 days from filing to the appointment hearing. That said, every case is different. If the proposed conservatee objects, if family members disagree, or if the petition has issues that need to be corrected, the process takes longer. Having an experienced attorney prepare the paperwork correctly from the start reduces delays significantly.

A family member can absolutely serve as conservator. In fact, California courts generally prefer to appoint a close family member when one is willing and able. If no suitable family member is available, or if the family is in conflict, the court may appoint a professional fiduciary instead. Matthew can help you understand who is eligible and what the court will look for.

The work doesn’t stop once the judge signs the order. If you’re conserving the estate, you’ll need to complete an inventory and appraisal of all assets within a set timeframe, and file annual accountings with the court. You may also need court approval for certain transactions, like selling real estate. Contra Costa County also requires that all newly appointed conservators complete a conservatorship workshop before they start acting. Matthew helps conservators understand and meet these ongoing obligations.

This is one of the most emotionally difficult parts of the process. A proposed conservatee has the right to object to the conservatorship, hire their own attorney, and appear at the hearing. California law takes these due process rights seriously. If your loved one objects, the case becomes contested, which generally takes more time and involves more court appearances. That doesn’t mean you won’t prevail, but it does mean having experienced legal representation matters even more.

Yes, in many cases. A well-drafted estate plan that includes a durable power of attorney, an advance healthcare directive, and a revocable living trust can give your family everything they need to manage your affairs if you become incapacitated, without going to court at all. The cost of preparing these documents is a fraction of the cost of a conservatorship. If you haven’t done this planning yet, Matthew strongly encourages you to start before a health event makes court proceedings unavoidable.

The cost varies depending on whether the case is contested, how complex the estate is, and how much court involvement is required. Court filing fees, the court investigator’s fee, and attorney fees are all part of the picture. Matthew provides transparent fee information during your initial consultation so you understand what to expect before you commit to anything.

LEGAL DISCLAIMER:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, in any way an attorney-client relationship. Matthew W. Harris, Esq., LL.M is a California lawyer in good standing with the State Bar of California. Matthew W. Harris is admitted to practice only in California. Mr. Harris is not licensed to practice in any other jurisdiction.