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

You’re probably here because something has changed. Maybe a parent’s memory isn’t what it was. Maybe a loved one had a stroke, or a young adult child with a developmental disability is turning 18. Whatever brought you here, you’re asking a hard question: “How do I protect someone I love when they can no longer protect themselves?”

A conservatorship is one of the most powerful legal tools California law offers for situations like this. But it’s also one of the most misunderstood. At the Law Office of Matthew W. Harris, Esq., LLM, families across San Anselmo, Marin County, and the Ross Valley turn to us when they need clear answers, honest guidance, and an attorney who treats their family the way he’d want his own treated.

This page walks you through exactly what a conservatorship is, what the process looks like in Marin County, and how we can help.

Why San Anselmo Families Choose Matthew W. Harris

conservatorship attorney matthew harris

Families from Sleepy Hollow, Brookside, and Yolanda Park to Fairfax, Ross, and San Rafael have trusted Matthew W. Harris with some of the most sensitive decisions they’ve ever faced. Here’s why.

Real conservatorship experience. This isn’t a side service. Conservatorship law is a core part of this practice, alongside estate planning, probate, and elder law. Matthew W. Harris holds both an Esq. and an LLM (Master of Laws), a graduate-level credential that goes beyond the standard law degree. That kind of advanced training matters in a specialized area like this.

A licensed member of the State Bar of California. Matthew W. Harris is a licensed California attorney in good standing, affiliated with the Marin County Bar Association and the California Lawyers Association.

Straightforward communication. You won’t get legal jargon and vague timelines here. We explain what’s happening, what’s next, and what it costs. We know families going through this are already under stress.

Local knowledge. We know the Marin County Superior Court Probate Division. We know local procedures, local timelines, and what the court expects. That matters when you’re trying to protect someone.

Free initial consultation. We offer a free consultation so you can ask questions and understand your options before committing to anything.

What Happens If We Don't Act?

This is the part most families don’t think about until it’s too late.

If your loved one loses capacity and didn’t put an estate plan in place beforehand, a conservatorship may be the only option. Without one, no one has legal authority to access their accounts, make medical decisions, or manage their care. Bills go unpaid. Medical providers won’t take direction from family members. Property can’t be sold or managed.

People often think a family member can just “step in” and handle things. In California, that’s not how it works. The law doesn’t automatically give spouses, adult children, or siblings the right to act on someone else’s behalf once that person loses capacity.

This is also why estate planning matters so much. A durable power of attorney, a revocable living trust, and an advance health care directive can prevent the need for a conservatorship entirely. We help San Anselmo families do both: plan ahead, and handle what’s needed right now.

What Is a Conservatorship in California?

A conservatorship is a court-supervised legal arrangement. A judge at the Marin County Superior Court, Probate Division, appoints a responsible adult (the conservator) to make decisions on behalf of someone who can no longer manage their own affairs (the conservatee).

It’s not a decision anyone makes lightly. California law actually requires the court to consider less restrictive options first, like a durable power of attorney or a revocable living trust, before granting a conservatorship. That’s exactly why working with an experienced conservatorship attorney matters so much. We help you figure out what’s actually needed, not just what’s technically possible.

There are two primary types of conservatorship under the California Probate Code:

Conservatorship of the Person

This gives the conservator authority over the conservatee’s daily life: where they live, medical care, meals, clothing, transportation, and recreation. If your loved one can no longer make safe personal decisions due to dementia, Alzheimer’s disease, a traumatic brain injury, or a stroke, a conservatorship of the person may be the right answer.

Conservatorship of the Estate

This gives the conservator authority over the conservatee’s finances: paying bills, managing investments, handling property, and filing annual accountings with the probate court. If you’re worried about elder financial abuse, or if a loved one’s assets are at risk because they’re no longer able to manage money, this is the path to protecting them.

You can petition for one, the other, or both, depending on your situation.

The Other Types You Should Know About

Limited Conservatorship

A limited conservatorship is designed specifically for adults with developmental disabilities, such as autism, cerebral palsy, or intellectual disabilities. Under California Probate Code Section 1801(d), the court grants only those specific powers needed to assist the person while preserving as much of their independence as possible. If your child is turning 18 and has a developmental disability, this is often the most appropriate path, and we work with many Marin County families through this transition every year.

Temporary (Emergency) Conservatorship

Sometimes there’s no time to wait. If your loved one faces an immediate threat to their health or finances, we can file for a temporary conservatorship. This gets the court to grant urgent protective authority while the full petition works its way through the process.

LPS Conservatorship

An LPS conservatorship falls under California’s Lanterman-Petris-Short Act (Welfare and Institutions Code §5350) and applies to individuals who are gravely disabled due to a mental health disorder. This type is initiated by the county, not the family. If you’re dealing with a family member in a mental health crisis, we can explain your options and whether this applies.

How the Conservatorship Process Works in Marin County

Here’s the honest version: this process involves multiple steps, real court appearances, and ongoing obligations. Most families are surprised by how involved it is. That’s not meant to discourage you. It’s meant to explain why having the right attorney makes such a difference.

Step 1: We assess your situation together. Before filing anything, we talk through what’s actually happening with your loved one. We look at whether conservatorship is the right option, or whether a durable power of attorney, advance health care directive, or trust could handle the situation with less court involvement.

Step 2: We prepare and file the petition. We prepare the Petition for Appointment of Probate Conservator and all related documents, including confidential medical declarations and proposed orders. These are filed with the Marin County Superior Court, Probate Division, located at the Civic Center in San Rafael. Court filing fees run approximately $435 to $465.

Step 3: The court investigator visits. After filing, the court assigns an investigator to interview your loved one and assess their capacity. The investigator may also speak with family members and others close to the conservatee. This is a required step under California Rules of Court.

Step 4: Notice to family members and the hearing. California law requires that close relatives receive written notice of the hearing. Your loved one must also be personally served at least 15 days before the hearing date. At the hearing, the judge reviews the petition, the investigator’s report, and any objections before deciding whether to appoint a conservator.

Step 5: Ongoing court oversight. Once appointed, a conservator of the estate must file an inventory and appraisal within 90 days, then annual accountings with the court. A conservator of the person must complete an annual status report. These aren’t optional. We walk our clients through all of it.

We Serve Families Throughout Marin County and the Bay Area

Our office serves clients throughout the Ross Valley and greater Marin County, including:

San Anselmo, San Rafael, Fairfax, Ross, Corte Madera, Mill Valley, Novato, Larkspur, and Kentfield.

Whether you’re a few blocks from San Anselmo Avenue and Creek Park, out in the hills near Sorich Ranch Park, or coming in from Sir Francis Drake Blvd, we’re here and accessible.

Ready to Talk? Let’s Figure Out Your Next Step Together.

You don’t need to have it all figured out before you call. Most people who contact us aren’t sure yet whether conservatorship is even what they need. That’s exactly the kind of conversation we’re here for.

Matthew W. Harris, Esq., LLM offers a free initial consultation for conservatorship matters. We’ll listen to your situation, explain your options clearly, and help you figure out the right path forward for your family.

Call us today or fill out our contact form to schedule your free consultation.

Serving San Anselmo, San Rafael, Fairfax, Ross, Corte Madera, Mill Valley, Novato, Larkspur, Kentfield, and all of Marin County.

Frequently Asked Questions About Conservatorship in San Anselmo, CA

Most uncontested conservatorships take roughly 60 to 90 days from filing to the court hearing, depending on the Marin County court’s schedule and how quickly the court investigator completes their report. Contested cases take significantly longer and cost more. The more complete and accurate your petition is from the start, the smoother the process goes.

Costs vary based on complexity. Court filing fees are roughly $435 to $465. Attorney fees for an uncontested conservatorship typically run from $3,000 to $8,000 or more. Contested conservatorships can cost $15,000 to $50,000 or more. There are also court investigator fees, appraisal fees if the estate is involved, and ongoing accounting costs. We’re upfront about fees from the start. No surprises.

A power of attorney is created by the person themselves while they still have capacity. It’s part of an estate plan, and it avoids court entirely. A conservatorship is ordered by a judge and is used when someone no longer has the capacity to create a power of attorney. It’s court-supervised and more involved. If your loved one still has capacity, now is the time to set up an estate plan. If they’ve already lost capacity, conservatorship may be necessary.

Yes. California courts prefer family members when possible. A spouse, adult child, sibling, or other relative can petition to serve as conservator. That said, the court considers who is best suited to serve the conservatee’s interests. Conservators of the estate have ongoing financial reporting duties, so it’s important to understand what’s involved before taking on that role. We help families decide whether to serve themselves or work with a professional fiduciary.

Yes, on both counts. A proposed conservatee has the right to object to the conservatorship and to have their own attorney appointed by the court. The conservatee can petition to terminate the conservatorship if they regain capacity. A conservatorship of the person also ends automatically when the conservatee passes away. If you’re concerned about a conservatorship being contested within your family, it’s important to work with an experienced attorney from the start.

A limited conservatorship is for adults with developmental disabilities, typically conditions that existed before age 18, such as autism, Down syndrome, cerebral palsy, or intellectual disabilities. Unlike a general conservatorship, the court grants only the specific powers needed, keeping the conservatee’s independence as intact as possible. Many families in San Anselmo and throughout Marin County come to us when their child with a developmental disability turns 18. We handle these with care and experience.

You’re not legally required to have an attorney, but the process is genuinely complex. California courts compare information across multiple documents, and inconsistencies cause delays. The required forms, notices, service requirements, and court appearances are a lot to manage during an already stressful time. Most people who try to do it alone end up needing help anyway, often after a delay or a problem at the courthouse. Getting an attorney involved early is almost always more efficient and less expensive in the long run.

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.