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

If someone you love can no longer make safe decisions for themselves, you don’t have to figure this out alone. Matthew W. Harris is a licensed estate planning and elder law attorney based in San Rafael who has helped Marin County families through conservatorship cases for years. He holds a Juris Doctor and a Master of Laws (LLM) in estate planning, meaning this isn’t a sideline for him. It’s what he does.

Whether you’re dealing with a parent with dementia, an adult child with a developmental disability, or a family member who had a stroke, this page will walk you through exactly what conservatorship means in California, when you need it, and how the process works at Marin Superior Court.

Who Actually Needs a Conservatorship?

conservatorship attorney matthew harris

Not every family situation requires one. Honestly, if a person signed a durable power of attorney and advance healthcare directive while they still had mental capacity, a conservatorship may not be necessary at all. Matthew will always look at existing estate planning documents first.

But here’s the thing: most people don’t plan ahead. If there’s no estate plan in place and your loved one can no longer make safe decisions, you’re looking at a conservatorship. Common situations include:

  • An elderly parent with Alzheimer’s or dementia who is vulnerable to financial exploitation
  • A spouse who had a stroke or traumatic brain injury and can no longer manage finances or medical decisions
  • An adult child with a developmental disability turning 18 who needs continued parental guidance
  • A family member who is being taken advantage of by outside individuals
  • A senior in Marin County with no estate plan who has become incapacitated

 

If you’re unsure whether a conservatorship is the right step, call Matthew’s office. He’ll give you a straight answer.

Why Work With Matthew W. Harris?

There are plenty of estate planning attorneys in Marin County. Here’s what sets this practice apart:

  • Master of Laws (LLM) in estate planning. This is a post-JD graduate degree most attorneys don’t have. It means a deeper level of legal knowledge in exactly the area you need.
  • Active California State Bar member with years of experience in conservatorship and elder law.
  • Directly familiar with Marin Superior Court’s probate division and its procedures. That familiarity matters when you need things done right and on time.
  • He handles estate planning too, including living trusts, durable powers of attorney, and advance healthcare directives. That means if conservatorship can be avoided with the right plan, he’ll help you do that.
  • Serving families across San Rafael, Novato, Mill Valley, Corte Madera, Larkspur, Fairfax, San Anselmo, Tiburon, and all of Marin County.

 

This isn’t a large firm where your case gets handed to a junior associate. You work directly with Matthew.

What Is a Conservatorship in California?

A conservatorship is a court order that gives one person, the conservator, legal authority to make decisions for another adult, the conservatee, who can’t safely manage on their own.

California law allows two types:

 

Conservatorship of the Person

This covers day-to-day personal decisions, including where the person lives, what medical care they receive, what they eat, and how they get around. If your aging parent can no longer safely direct their own care, this is the type of conservatorship you likely need.

Conservatorship of the Estate

This covers finances. The conservator manages bank accounts, pays bills, handles investments, and files regular accountings with the court. Under California Probate Code, a conservator of the estate has a fiduciary duty to act in the conservatee’s best financial interest at all times.

Limited Conservatorship

This type is specific to adults with developmental disabilities. It gives parents or other caregivers only the powers the court decides are necessary, rather than full control. In California, when a child with a developmental disability turns 18, they legally become an adult. A limited conservatorship allows parents to continue helping them make decisions that they can’t safely make on their own.

Temporary (Emergency) Conservatorship

Sometimes you can’t wait months for a regular hearing. If your loved one is in immediate danger, Matthew can file a petition for a temporary conservatorship. This can often be put in place within a matter of weeks and provides immediate legal protection while the full case moves forward.

How the Conservatorship Process Works in Marin County

Filing a conservatorship in California involves multiple steps and goes through Marin Superior Court’s probate division, located at the Marin Civic Center in San Rafael. Here’s a realistic look at what to expect:

 

Step 1: Consult with Matthew

You start with a consultation where Matthew reviews your situation, any existing legal documents, and whether conservatorship is the right path. He’ll also explain alternatives, including supported decision-making or agent relationships under existing powers of attorney.

Step 2: File the Petition

Matthew prepares and files a formal Petition for Conservatorship with the Marin County probate court. At this point, the court assigns an attorney for the proposed conservatee to make sure their rights are protected.

Step 3: Court Investigator Review

A court investigator is assigned to interview the proposed conservatee and often several family members, neighbors, or others close to the situation. They file a report with the court before the first hearing.

Step 4: The Conservatorship Hearing

The judge reviews the petition, the investigator’s report, and any objections. If the court grants conservatorship, it issues Letters of Conservatorship, the official document that gives you legal authority to act.

Step 5: Ongoing Duties and Reporting

A conservatorship doesn’t end at the hearing. Conservators of the estate must file annual accountings with the court. Conservators of the person may have regular check-ins from the court investigator. Matthew helps clients stay compliant with these ongoing requirements.

 

The full process typically takes three to six months. If there’s an emergency, the temporary conservatorship route can move much faster.

Do You Really Need a Conservatorship? Alternatives Worth Knowing

A conservatorship is a significant legal step. It removes some of the conservatee’s legal rights, and courts take that seriously. Before filing, Matthew looks at whether any of these alternatives might work:

  • Durable Power of Attorney: If the person still has capacity, a properly drafted power of attorney can give someone else authority to manage finances without court involvement.
  • Advance Healthcare Directive: This covers medical decision-making and can sometimes eliminate the need for a conservatorship of the person.
  • Revocable Living Trust: Assets held in a trust don’t require court oversight in the same way. A successor trustee can step in if the original trustee becomes incapacitated.
  • Supported Decision-Making Agreements: For some adults with developmental disabilities, a supported decision-making agreement gives them guidance and support without removing legal rights.

 

If none of those options work for your situation, conservatorship may be the right answer. Matthew will be direct with you about which path makes sense.

Serving Families Across Marin County and the Bay Area

Matthew W. Harris’s office is based in San Rafael, right here in Marin County. He serves clients throughout the region, including:

  • San Rafael (including Downtown San Rafael, Terra Linda, Marinwood, Glenwood, and Sun Valley)
  • Novato
  • Mill Valley
  • Corte Madera
  • Larkspur
  • Fairfax
  • San Anselmo
  • Kentfield
  • Tiburon
  • Sausalito
  • San Francisco and the greater Bay Area

 

All conservatorship filings in Marin County go through the probate division of Marin Superior Court at the Marin Civic Center in San Rafael. Matthew knows this court, knows the process, and knows what it takes to get a conservatorship handled correctly.

 

Ready to Talk? Schedule a Consultation Today.

If someone you care about needs protection and you’re not sure where to start, call Matthew’s office. The consultation is confidential. You don’t need to have everything figured out before you call. You just need to take the first step.

Attorney-client privilege protects everything you share. Your conversation with Matthew is private and confidential from the first call.

Frequently Asked Questions About Conservatorship in San Rafael, CA

Most conservatorship cases take between three and six months from filing the petition to receiving Letters of Conservatorship. The timeline depends on how quickly the court can schedule a hearing and whether anyone objects. If the situation is urgent, a temporary conservatorship can often be granted within a few weeks to provide immediate protection while the full case moves forward.

The cost varies depending on the complexity of the case, whether anyone contests the petition, and the ongoing duties involved. There are court filing fees, and attorney fees are involved both in setting up the conservatorship and maintaining it over time. Some costs may be paid from the conservatee’s estate, with court approval. Matthew will discuss fees clearly during your consultation so you know what to expect.

Yes. Anyone with an interest in the conservatee’s welfare, including other family members, can file an objection. The court takes objections seriously. This is one reason having an experienced attorney matters. Matthew has the knowledge to present a strong case to the Marin County probate court and address any challenges that come up.

In California, conservatorships apply to adults who can’t manage their own care or finances. Guardianships typically apply to minors. If you’re seeking legal authority over a child, that’s a guardianship. If it’s for an adult, that’s a conservatorship. There are some overlapping concepts, but they’re legally distinct proceedings.

Not necessarily. Courts try to limit conservatorship to only the powers that are genuinely needed. For example, a limited conservatorship for someone with a developmental disability may give the conservator authority over medical decisions but leave other personal decisions to the conservatee. The goal of California law is to support the person’s independence as much as possible while still protecting them.

Yes. Dementia and Alzheimer’s disease are among the most common reasons families in Marin County pursue conservatorship. The fact that someone can no longer make safe decisions is exactly the situation conservatorship is designed for. The key issue is whether the proposed conservatee poses a risk to themselves or their finances, not whether they were diagnosed with a specific condition.

This is more common than most people realize. If you believe an elderly parent or vulnerable adult in the San Rafael area is being taken advantage of financially, a conservatorship of the estate can give you the legal authority to step in and protect their assets. Matthew can also advise on elder abuse protective orders, which can sometimes be obtained faster than a full conservatorship in urgent cases.

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.