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

When someone you love can no longer make safe decisions for themselves, you need answers fast, not legal jargon. At the Law Office of Matthew W. Harris, Esq., LLM, we help families in Mill Valley, Marin County, and the surrounding communities understand their options and take action, without the confusion that usually comes with court proceedings.

Whether your parent has been diagnosed with Alzheimer’s, a family member suffered a stroke, or your adult child with developmental disabilities is turning 18, a conservatorship may be the right step. We’ll help you figure out if it is, and if so, walk you through the entire process at the Marin County Superior Court, Probate Division.

What Is a Conservatorship in California?

conservatorship attorney matthew harris

A conservatorship is a court-ordered arrangement in which a judge 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 governed by California Probate Code Sections 1800 through 1898. Courts take this seriously because it does restrict someone’s rights. That’s why the process involves a court investigation, notice to family members, a hearing, and ongoing oversight.

There are two core types:

Conservator of the Person manages day-to-day personal decisions: where the person lives, what medical care they receive, what they eat, and how they get around.

Conservator of the Estate handles financial matters: bank accounts, investments, bills, and real property. This role also requires annual accountings filed with the probate court.

You can be appointed to one or both roles, depending on what your loved one needs.

Do You Actually Need a Conservatorship?

Honestly, not everyone does. California courts apply what’s called the least-restrictive alternative standard. That means a judge won’t grant a conservatorship if a less restrictive option would work just as well.

Before we file anything, we always ask: is there already a durable power of attorney in place? A well-drafted advance health care directive? A revocable living trust? These documents, set up in advance, often make a conservatorship completely unnecessary.

The problem is that most people don’t get these documents in place while they still can. Once someone loses capacity, it’s too late to sign them, and conservatorship becomes the only path forward.

If you’re not yet in a crisis situation, we can help you put the right documents in place now so your family never has to go through a court proceeding later.

Types of Conservatorship We Handle in Mill Valley

Every family situation is different. Here’s a breakdown of the conservatorship types we regularly handle for Marin County families.

General Conservatorship

This is the most common type. It applies to adults who are no longer able to care for themselves or manage their finances due to age, illness, or injury. We see this most often with parents or spouses who have dementia, cognitive decline, or suffered a stroke.

The petition is filed with the Marin County Superior Court, and the court appoints an investigator to interview the proposed conservatee before the first hearing. If the court grants the conservatorship, Letters of Conservatorship are issued, giving you the legal authority to act.

Limited Conservatorship

This one is designed for adults with developmental disabilities, such as autism spectrum disorder or intellectual disabilities. It’s intentionally more narrow than a general conservatorship. The goal is to give the conservatee as much independence as possible while still protecting them in specific areas.

Many families in Mill Valley come to us after their child turns 18 and they suddenly realize they no longer have automatic legal authority to help with medical decisions, school accommodations, or financial matters. A limited conservatorship fills that gap.

Temporary (Emergency) Conservatorship

Sometimes you can’t wait. If a loved one is in immediate danger, being financially exploited, or needs urgent medical care and can’t consent, we can petition for a temporary conservatorship. Courts can act quickly in genuine emergencies, often within days.

This type expires once the court rules on the full conservatorship petition, so it’s a bridge, not a permanent fix.

Conservatorship Renewal and Termination

Conservatorships don’t just run themselves. We also help families with the annual accounting process, renewals, and, when the time comes, petitioning to terminate a conservatorship because the person has recovered capacity or passed away.

The Conservatorship Process: Step by Step

Most people have no idea what filing for conservatorship actually looks like. Here’s what the process generally looks like for a Marin County family.

Step 1: Consult with an attorney. This is not optional, practically speaking. The Judicial Council forms alone (GC-310, GC-312, GC-348) can be overwhelming, and mistakes delay your case significantly.

Step 2: File the petition. The petition is filed with the Marin County Superior Court, Probate Division. You’ll include supporting documentation, a physician’s assessment, and information about the proposed conservatee’s assets and family.

Step 3: Serve notice. California law requires that specific relatives and interested parties be formally notified of the proceedings.

Step 4: Court investigator review. The court will assign an investigator to interview the proposed conservatee, review the situation, and make a recommendation to the judge.

Step 5: The hearing. A judge reviews everything and decides whether to grant the conservatorship, what powers to grant, and who should serve as conservator.

Step 6: Letters of Conservatorship issued. If approved, you receive Letters of Conservatorship, the official document that gives you legal authority to act.

Step 7: Ongoing duties. As a conservator of the estate, you’ll file annual accountings with the court. The court investigator may also check in periodically to make sure the conservatee’s situation is still being handled appropriately.

A general conservatorship typically takes 60 to 90 days from filing the petition to the court hearing. Emergency situations can move much faster.

Why Work With Matthew W. Harris, Esq., LLM?

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

Advanced credentials. Matthew W. Harris holds both a Juris Doctor (J.D.) and a Master of Laws (LLM). The LLM represents a graduate-level specialization in law beyond the standard law degree. Not many attorneys in the Bay Area carry this credential.

Local court experience. We work regularly with the Marin County Superior Court, Probate Division. Knowing local procedures, local court staff, and local filing expectations matters more than people realize. It affects how smoothly your case moves.

Focused practice. This isn’t a general practice firm that handles everything from car accidents to divorces. The practice focuses on estate planning, conservatorship, probate, elder law, and trust matters. That focus means your case gets handled by someone who does this every day.

Genuine client care. Families going through conservatorship proceedings are usually dealing with real grief, fear, and stress. We know that. Our job is to make the legal part of this as clear and as simple as possible so you can focus on your loved one.

Member of the State Bar of California and the Marin County Bar Association.

We serve families throughout Mill Valley, San Rafael, Sausalito, Corte Madera, Tiburon, Larkspur, San Anselmo, Fairfax, Novato, and the wider Marin County area.

Serving Mill Valley and All of Marin County

Our office serves families throughout the Marin County area, including Mill Valley, San Rafael, Sausalito, Corte Madera, Tiburon, Novato, Larkspur, San Anselmo, Fairfax, and surrounding communities. Whether you’re in Blithedale Canyon, Tam Junction, Homestead Valley, Strawberry, or closer to the Richardson Bay waterfront, we’re your local resource for conservatorship guidance.

All conservatorship cases for Marin County residents are handled through the Marin County Superior Court, Probate Division. We know this court, these forms, and this process.

Take the First Step Today

If you’re trying to figure out whether conservatorship is right for your family, the worst thing you can do is wait. Situations involving cognitive decline, elder financial abuse, or a young adult with disabilities tend to get more complicated over time, not less.

Call the Law Office of Matthew W. Harris, Esq., LLM today to schedule an initial consultation. We’ll listen to your situation, explain your options clearly, and help you decide on the best path forward for your loved one and your family.

Mill Valley and Marin County Conservatorship Attorney Matthew W. Harris, Esq., LLM Licensed California Attorney | State Bar of California Member, Marin County Bar Association

Frequently Asked Questions

For a standard, uncontested conservatorship, expect 60 to 90 days from the time you file the petition to the court hearing. If the case is contested (meaning someone objects to the conservatorship or the choice of conservator), it can take significantly longer. Emergency temporary conservatorships can sometimes be granted within days when there’s an immediate threat to someone’s safety or finances.

Total costs vary depending on the complexity of the case. Attorney fees for an uncontested conservatorship typically start around $2,000 to $5,000 or more, plus court filing fees and the cost of any required physician assessments. If the case is contested, costs rise considerably. One thing many people don’t realize is that if a conservatorship of the estate is granted, attorney fees and conservator compensation can often be paid from the conservatee’s estate, meaning your personal out-of-pocket costs may be lower than you expect.

Technically, yes. California doesn’t require you to have an attorney. Practically speaking, the paperwork is complex, procedural errors cause delays, and judges tend to look closely at petitions that appear rushed or incomplete. Most families who try to navigate this alone end up calling an attorney anyway, usually after a setback. Getting it right the first time is faster and often less expensive overall.

A durable power of attorney is a document someone signs voluntarily while they still have mental capacity, giving another person authority to act on their behalf. It’s private, doesn’t require court involvement, and is far less expensive. A conservatorship is a court proceeding, ordered by a judge, that’s used when someone no longer has the capacity to sign legal documents or when there’s no existing power of attorney. If your loved one still has capacity, a power of attorney is almost always the better path.

Yes, and this is really important. The proposed conservatee has the right to be notified of the proceedings, the right to attend the hearing, and the right to have an attorney represent them. The court actually appoints a court investigator specifically to protect the proposed conservatee’s interests. A conservatorship is not something that happens to someone without any due process. California law takes the conservatee’s rights very seriously.

If you’re conservator of the person, you take on responsibility for your loved one’s care, housing, and medical decisions. If you’re conservator of the estate, you must file a detailed inventory of their assets with the court and then submit annual accountings showing how funds were managed. The court remains involved throughout, and a court investigator will typically check in with the conservatee one year after appointment and every two years after that.

This comes up more than you might think. When family members disagree, it can turn into a contested conservatorship, which is more time-consuming and expensive. California courts have a statutory preference for certain relatives (spouse, adult children, parents, siblings, in that general order) but the court’s main concern is the best interest of the conservatee. Having an attorney navigate this process is especially important in contested situations.

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.