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Conservatorship Attorney in Walnut Creek, 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. Not a firm that treats you like a case number. You need a Walnut Creek conservatorship attorney who knows California Probate Code inside and out, has actually sat in Contra Costa County Superior Court, and can walk you through this process without making it feel more overwhelming than it already is.
That’s exactly what Matthew W. Harris, Esq., LLM offers. With an advanced Master of Laws (LLM) degree in estate planning and taxation, Matthew brings a depth of legal knowledge that goes well beyond what most local attorneys carry. Families in Walnut Creek, Concord, Lafayette, Danville, and throughout Contra Costa County have trusted him to handle some of the most sensitive conservatorship matters they’ll ever face.
If you’re trying to figure out your options, you’re in the right place.

What Is a Conservatorship in California?

conservatorship attorney matthew harris

A conservatorship is a legal arrangement where a California court appoints a responsible adult, called a conservator, to manage the personal and/or financial affairs of someone who can no longer do it themselves. That person is called the conservatee.
This isn’t something courts approve casually. Under California Probate Code §1801, the court must find that the proposed conservatee truly lacks the capacity to make their own decisions. There’s a formal investigation. A court-appointed investigator interviews the person. Medical evidence gets reviewed. The proposed conservatee has the right to legal representation.
It’s a serious process, and it should be. You’re asking a court to limit someone’s independence. Getting it right matters.
Sound familiar? Many families in the Walnut Creek area come to us after a parent with dementia has started making dangerous financial decisions, or after a stroke leaves a spouse unable to manage daily life. Others come because a young adult child with a developmental disability has turned 18 and needs ongoing legal protection.
Whatever the situation, the first question is always the same: “What type of conservatorship do we actually need?”

Why Some Families Avoid Conservatorship (And When That's a Mistake)

Here’s something most law firm websites won’t tell you directly: conservatorship isn’t always the right answer. In many cases, a well-drafted durable power of attorney or advance healthcare directive can accomplish the same goals at a fraction of the cost and time.
The problem is, those documents need to be put in place before someone loses capacity. Once cognitive decline has set in, it’s usually too late to sign a valid power of attorney. That’s when conservatorship becomes necessary.
People often think they can just take over for a parent informally, managing their accounts or making healthcare calls on their behalf. But banks, hospitals, and care facilities need legal authority. Without a court order, you can get blocked at every turn, even with the best intentions.
If you’re reading this and your loved one still has legal capacity, please reach out about estate planning now. A living trust, durable power of attorney, and advance healthcare directive can prevent the need for conservatorship entirely. Matthew helps Walnut Creek and East Bay families build those documents every day.
If that window has already closed, conservatorship is the right path. And Matthew can guide you through it.

Types of Conservatorship Matthew Handles

Conservatorship of the Person

This covers day-to-day personal decisions. Where the person lives. What medical treatment they receive. Their diet, housing, and personal care. You’re stepping in to protect their physical wellbeing when they genuinely can’t do it themselves.

Conservatorship of the Estate

This one covers money and property. Bill payments, managing investments, protecting assets, and handling income. If your loved one is at risk of being financially exploited, or has already signed documents they didn’t understand, this is often urgent.

Conservatorship of the Person and Estate

Most families end up needing both. It’s common, and it gives the conservator the full authority needed to protect someone across all areas of their life.

Limited Conservatorship

Designed specifically for adults with developmental disabilities. The goal here is to preserve as much independence as possible while still providing legal protection in specific areas. The Regional Center of the East Bay often works alongside families navigating this type of case.

Emergency or Temporary Conservatorship

Sometimes you can’t wait. If someone is in immediate danger of physical harm or serious financial loss, a temporary conservatorship can be put in place quickly. In urgent situations, Matthew works to get the court to act fast.

LPS Conservatorship (Mental Health)

LPS conservatorships, named after California’s Lanterman-Petris-Short Act, apply to people with serious mental illness who are gravely disabled. These are handled differently from probate conservatorships and involve a separate process through the public health system.

Contested Conservatorship

Not every conservatorship case is uncontested. Sometimes family members disagree. Sometimes the proposed conservatee or another relative challenges the petition. Matthew has experience handling these disputes and representing clients through adversarial conservatorship proceedings in Contra Costa County Superior Court.

How the Conservatorship Process Works in Contra Costa County

Here’s a plain-language walkthrough of what to expect.

Step 1: Filing the Petition The process starts with filing a petition for appointment of conservator. In California, this includes court forms like the GC-310 (Petition for Appointment of Probate Conservator) and the GC-312 (Confidential Supplemental Information). Matthew prepares and files all documents on your behalf.

Step 2: Notifying Family Members All close relatives of the proposed conservatee must be formally notified. This is a legal requirement, not optional.

Step 3: The Court Investigator Visits A court investigator will interview the proposed conservatee privately to assess their situation and wishes. This investigator then reports back to the judge.

Step 4: The Medical Declaration A physician’s declaration is typically required. It describes the person’s diagnosis, functional limitations, and why a conservator is needed.

Step 5: The Court Hearing A judge at the Contra Costa County Superior Court reviews everything. If granted, Letters of Conservatorship are issued. These letters give you official legal authority to act on behalf of the conservatee.

Step 6: Ongoing Reporting Conservators have annual responsibilities. You’ll need to submit a conservator accounting to the court each year. This is one area where having an attorney in your corner makes a real difference.

Serving Walnut Creek and All of Contra Costa County

Matthew’s office is located in Walnut Creek, just minutes from the Contra Costa County Superior Court where conservatorship petitions are filed and heard. This matters. Local court experience isn’t just a nice thing to have. It’s familiarity with local judges, local court investigators, local procedures, and local timelines.

Families come to Matthew from across the area, including:

  • Walnut Creek and the broader Diablo Valley
  • Concord, Pleasant Hill, and Martinez
  • Lafayette, Orinda, and the Lamorinda area
  • Danville, Alamo, and San Ramon
  • Pleasanton and Dublin in the Tri-Valley

Whether you’re near John Muir Medical Center dealing with an unexpected health crisis, or in the far reaches of the East Bay trying to protect an aging parent, Matthew can help.

Why Choose Matthew W. Harris, Esq., LLM

An LLM in estate planning. Most attorneys hold a J.D. Matthew went further, earning a Master of Laws (LLM) with a focus on taxation and estate planning. That advanced training directly informs how he approaches complex conservatorship and incapacity planning cases.

Active California State Bar license. You can verify it. It’s current, it’s clean, and it reflects years of dedicated practice in California estate and probate law.

Member of the Contra Costa County Bar Association. This isn’t just a credential. It’s a sign that Matthew is embedded in the local legal community where your case will be heard.

Member, Estate Planning, Trust & Probate Law section of the State Bar of California. A voluntary specialty section that signals ongoing commitment to this specific area of law.

Real client reviews. Families who’ve been through the conservatorship process don’t stay quiet when an attorney helped them through it with care and competence. Matthew’s reviews on Google and Avvo reflect that.

A family-first approach. This work is deeply personal. Families going through conservatorship proceedings are usually under significant stress. Matthew takes that seriously. You’ll get honest answers, clear timelines, and no unnecessary surprises.

Take the Next Step

If someone you care about is no longer safe managing their own life or finances, you don’t have to figure this out alone. Matthew W. Harris, Esq., LLM has helped families throughout Walnut Creek and Contra Costa County understand their options and take action when it mattered most.

Schedule a consultation today. You’ll get honest answers, a clear picture of the process, and the experienced legal guidance your family deserves.

Matthew W. Harris, Esq., LLM Conservatorship and Estate Planning Attorney Walnut Creek, CA | Serving Contra Costa County and the East Bay

Frequently Asked Questions About Conservatorship in Walnut Creek, CA

Most standard conservatorship cases take around 60 to 90 days from filing to the court hearing. In genuine emergencies where someone is in immediate danger, a temporary conservatorship can sometimes be put in place within days. The timeline depends on how complete your paperwork is, how quickly the court investigator can complete their report, and the court’s current calendar. Matthew works to keep things moving as efficiently as possible.

It varies. Court filing fees, the cost of attorney representation, the court investigator’s fee, and in some cases a probate referee fee all add up. Most families spend several thousand dollars to get a conservatorship in place. Importantly, the conservatee’s estate can often pay these costs, not the family members petitioning for conservatorship. Matthew will walk you through the realistic cost picture in your consultation.

Yes to both. Any interested party, including the proposed conservatee, can contest the petition. If the court later finds that the conservatee has regained capacity, or that the conservatorship is no longer necessary, it can be terminated. Matthew handles both contested proceedings and termination petitions.

This trips up a lot of people. In California, a guardianship applies to minors. A conservatorship applies to adults. If you’re reading this because your elderly parent or incapacitated adult relative needs help, you’re in conservatorship territory. (Note: some other states use these terms the opposite way, which adds to the confusion.)

Not always. The legal standard under California Probate Code §1801 isn’t whether someone recognizes their family. It’s whether they can make safe decisions about their own health and finances. Early-stage dementia may not meet the legal threshold. But mid-to-late-stage dementia typically does. If you’re unsure, the best thing to do is schedule a consultation. Matthew can review the specific facts and tell you honestly whether a conservatorship is the right step or whether another approach might work better.

It depends on what the court grants. A conservator of the person can make decisions about housing, healthcare, and daily care. A conservator of the estate can manage bank accounts, pay bills, sell property (with court approval in some cases), and file taxes. Conservators don’t get unlimited power. They’re accountable to the court and must file annual reports. Significant financial transactions often require prior court approval.

Yes, in many cases. But there are important legal boundaries. The conservatorship operates through the probate court, while a trust is a private legal document. If your loved one has an existing living trust, the trust may govern most of their assets already. Matthew can help you understand how a conservatorship would interact with any existing estate planning documents your loved one has in place.

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.