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

When a parent can no longer pay their own bills, or a spouse with dementia can’t make safe medical decisions, the worry is immediate. You need answers fast — and you need someone who actually knows how California conservatorship law works in Marin County.

Matthew W. Harris, Esq., LLM is a licensed California estate planning and elder law attorney with an advanced law degree (LLM) in tax and estate law. He’s been helping families in Belvedere, Tiburon, Sausalito, Mill Valley, and across Marin County navigate conservatorship proceedings in the Marin County Superior Court for years. This isn’t a side practice — it’s a core part of what he does every day.

If you’re ready to talk, call us for a confidential free consultation. If you want to understand the process first, keep reading.

When Does a Family in Belvedere Actually Need a Conservatorship?

conservatorship attorney matthew harris

People come to us at different stages. Some families have been watching a situation deteriorate for months. Others call us in a genuine emergency.

Common situations we see:

  • A parent with dementia is making large, unexplained financial transactions or was the target of a scam
  • A spouse had a stroke and there’s no durable power of attorney in place
  • An adult child with a developmental disability is about to turn 18, and parents need to continue managing their care
  • A family member is refusing medical treatment and is clearly incapable of making an informed decision
  • A loved one is living in unsafe conditions and resisting all offers of help

Sound familiar? The important thing to know is that there are legal steps you can take. You don’t have to watch from the sidelines.

The Most Important Thing Most Families Miss

Here’s what’s honest and not often said: a conservatorship is the most restrictive legal tool available under California law. It removes rights from another person. Courts take that seriously.

Before a California court grants a conservatorship, it must consider whether less restrictive alternatives exist. That usually means looking at whether documents like a durable power of attorney, advance healthcare directive, or revocable living trust could address the situation instead.

If your loved one never put those documents in place — and many people haven’t — a conservatorship may be the only option left. But if there’s still time to plan ahead, those tools are worth exploring first. A good conservatorship attorney will be honest with you about this, not just push you straight toward court.

Matthew W. Harris has helped many Marin County families avoid conservatorship altogether through proactive estate planning. He’s also helped many families who had no choice but to file. Either way, you’ll get a straight answer.

What Is a Conservatorship in California?

A conservatorship is a legal arrangement where a California court — specifically the probate division of the Superior Court — appoints a responsible adult to manage the life or finances of someone who can no longer do it themselves. That person is called the conservatee. The person appointed to help them is the conservator.

Think of it this way: if your mother has advanced Alzheimer’s and she never signed a power of attorney or created a living trust, there’s no legal document that lets you step in and make decisions for her. A conservatorship is how you get that legal authority through the court.

Under the California Probate Code, conservatorships come in two forms:

Conservatorship of the Person

This type gives you the legal authority to make decisions about where your loved one lives, what medical treatment they receive, and how their day-to-day personal needs are met — food, clothing, transportation, healthcare. If your family member can’t safely manage their own personal care, this is the path.

Conservatorship of the Estate

This type gives you the legal authority to manage their finances. That means paying bills, managing investments, protecting assets from financial abuse, and filing annual accountings with the Marin County Superior Court. If your loved one is spending money recklessly, has become a target for scammers, or simply can’t track their own accounts anymore, this applies.

You can request one or both, depending on the situation. Most families dealing with dementia or severe cognitive decline end up needing both.

What’s the Difference Between a General and Limited Conservatorship?

Here’s something a lot of people don’t know: conservatorships aren’t always all-or-nothing.

A general conservatorship is what most families pursue. It applies to adults who can no longer care for themselves due to aging, dementia, Alzheimer’s disease, traumatic brain injury, or other serious conditions.

A limited conservatorship is specifically designed for adults with developmental disabilities who need some support but can still make certain decisions on their own. The court only grants powers that are truly necessary — no more, no less. This is a meaningful distinction, and getting it right matters.

There’s also an LPS conservatorship (Lanterman-Petris-Short), which applies to adults with serious mental health conditions and involves a different legal process through county mental health agencies. This is a more specialized area; if you think this might apply to your situation, let’s talk.

How the Conservatorship Process Works in Marin County

This is where having local experience genuinely matters. Every California county handles the probate process a bit differently, and Marin County has its own procedures, timelines, and expectations. Here’s what the process generally looks like:

Step 1: Filing the Petition We prepare and file a Petition for Conservatorship (form GC-310) and the Confidential Supplemental Information form (GC-335) with the Marin County Superior Court probate department. These documents need to be accurate and complete — mistakes here cause delays.

Step 2: Notice to Relatives California law requires that notice be sent to the proposed conservatee’s close relatives. They have the right to object. We handle all required notices properly so nothing gets rejected on procedural grounds.

Step 3: Court Investigator Review Here’s something competitors often gloss over: the court will assign an investigator before the first hearing. That investigator interviews the proposed conservatee, talks to family members, neighbors, and sometimes healthcare providers. Their report goes directly to the judge. Having an attorney who prepares you for this step — and coordinates with the investigator professionally — matters.

Step 4: The Hearing A judge reviews everything and decides whether the conservatorship is appropriate and who should be appointed. If granted, the court issues Letters of Conservatorship, which is the official document that gives you legal authority to act.

Step 5: Ongoing Obligations A conservatorship doesn’t end at the hearing. If you’re managing finances, you’ll need to complete an Inventory and Appraisal within 90 days and file annual accountings with the court. We help conservators meet those ongoing obligations so they stay in compliance.

Why Work With Matthew W. Harris for Your Belvedere Conservatorship?

There are a few things that genuinely set this practice apart:

He holds an LLM in Tax and Estate Law. That’s a Master of Laws degree — a postgraduate legal credential most attorneys don’t have. It means his knowledge of California estate and probate law goes deeper than general practice.

He knows Marin County Superior Court. Filing in the right jurisdiction, preparing documents the way the local probate department expects them, and knowing how court investigators operate in Marin County — that knowledge is built over time, not looked up.

This is a boutique practice. You’re not a case number at a large firm. When you call, you reach someone who knows your situation.

Billing is transparent. Fees are clearly disclosed upfront. No surprise invoices.

He’s affiliated with the State Bar of California, the Marin County Bar Association, and the California Lawyers Association. His work is reviewed through peer platforms including Avvo and Martindale-Hubbell.

Free confidential consultation. Ask your questions before you commit.

We serve clients throughout Belvedere, Tiburon, Sausalito, Mill Valley, Corte Madera, San Rafael, and the greater Marin County area.

How Conservatorship Connects to Estate Planning

If you’re going through a conservatorship for a parent or spouse right now, it’s worth thinking about your own documents too. The reason so many families end up in conservatorship court is that their loved one never signed a durable power of attorney or created a living trust.

A proper estate plan — including a revocable living trust, advance healthcare directive, and durable power of attorney — can prevent your own children from ever having to go through this process for you.

Matthew W. Harris handles full estate planning as part of his practice. After resolving a conservatorship, many clients take the opportunity to get their own affairs in order. It’s one of the more practical things you can do for your family.

Ready to Talk? Here’s the Next Step.

If you’re dealing with a situation where a loved one can no longer manage their own care or finances — and you’re not sure what options are available — the first step is a conversation.

Matthew W. Harris, Esq., LLM offers a confidential free consultation for families in Belvedere, Tiburon, Sausalito, Mill Valley, Corte Madera, San Rafael, and throughout Marin County.

There’s no pressure and no commitment. Just honest answers about your options under California law.

Call us Or use our contact form to request your free consultation.

Frequently Asked Questions About Conservatorship in Belvedere and Marin County

Generally, you’re looking at 2 to 4 months from filing to the initial hearing, sometimes longer if there are objections or scheduling delays. Emergency situations may qualify for a temporary conservatorship, which can be granted much faster — sometimes within days — to address immediate safety concerns while the full petition is pending.

Yes. When a petition is filed, California law requires that close relatives receive notice. Any of them can appear at the hearing and object. The court will consider those objections. This is one reason it helps to have an attorney who can navigate contested proceedings, not just routine ones.

The proposed conservatee has the right to attend the hearing, retain their own attorney, and object. The court investigator’s report will address whether the person understands the proceedings and whether they oppose them. A judge takes those objections seriously. This doesn’t mean the conservatorship won’t be granted — courts focus on the person’s actual capacity — but it’s a step that has to be handled properly.

Usually, yes. If you’re appointed as conservator of the estate, the court typically requires a surety bond to protect the conservatee’s assets. The amount is based on the value of the estate. There are some exceptions, and the court has discretion. We’ll let you know what to expect in your specific situation.

More than most people expect. A conservator of the estate must complete an Inventory and Appraisal within 90 days of appointment and file annual accountings with the court. A conservator of the person must submit periodic status reports. Failing to meet these deadlines can result in court sanctions or removal. Having legal guidance for these ongoing obligations is worth it.

Not always. California courts are required to consider less restrictive alternatives first. If your loved one still has legal capacity — even diminished capacity — it may be possible to put a durable power of attorney or healthcare directive in place. A revocable living trust can also address many of the financial management concerns that lead families to pursue a conservatorship. The honest answer is: it depends on your loved one’s current condition and what documents, if any, already exist. That’s exactly what a consultation is for.

Costs vary based on the complexity of the case, whether the conservatorship is contested, and what ongoing obligations are required. A conservatorship involves court filing fees, attorney fees, court investigator fees, and potentially a bond premium, appraiser fees, and annual accounting costs. This is one reason we discuss fees openly at the start. You deserve to know what you’re looking at before making any decisions.

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.