In O.C., a Lower Fee for That Milk Run

When it comes to paying conservators, Orange County’s Probate Court has built a reputation for stinginess.

Most judges in Southern California approve conservators’ fees without a quibble. But those in Orange County are well known for slashing fees by as much as 50%, particularly when conservators bill top dollar for shopping and other chores.

“One doesn’t need a special education to stop and pick up some milk and eggs,” said Orange County Superior Court Judge Marjorie Laird Carter, who supervises Probate Court. “Paying someone $95 an hour to do that seems a bit excessive.”

Professional conservators pay themselves out of their clients’ assets. But they must first seek the approval of a probate judge, who decides whether their requests are reasonable.

In Orange County, professionals appear with their attorneys once a month to learn whether their bills have been approved.

In one case, Beverly Studebaker, among the county’s busiest conservators, asked for $5,047.50 for looking after an 82-year-old woman with dementia.

Leonard Baumgarten, a Probate Court attorney sitting in as a judge, said he would allow $4,050. As the conservator stood silently, her attorney pleaded for more.

“Ms. Studebaker has extensive experience in dealing with these people,” Paul Stucki said.

Baumgarten studied his notes. He stabbed a finger at a calculator.

“The time that she’s represented here is reasonable,” Stucki said.

“But you have to realize,” the judge said, “and I’m not for a moment saying it’s not so, but everybody says that!”

“I understand,” Stucki replied.

“And everybody says this is the most difficult case,” Baumgarten said.

The judge looked down at the papers on his desk. He suggested $4,750.

“Super!” Stucki exclaimed.

Orange County’s crackdown began a decade ago after a series of embarrassing revelations. One professional was caught charging clients $75 an hour for work performed by subordinates who were paid far less. Another billed top hourly rates for a day of shopping to buy a purse worth about $20.

At first, judges whacked hourly rates to $35, drawing howls of protest. In recent years, court officials said, conservators have reined in their fees, making cuts less necessary. On average, judges allow hourly rates of around $60, compared with the $75 to $95 approved in neighboring counties.

Professionals in Orange County warn that this discourages high-quality conservators from practicing locally. Critics argue that the people under conservatorship are the ones who suffer.

“You get what you pay for,” said Ernest Hayward, an elder-law attorney. “What we have now is a cadre of brand-new conservators who don’t have experience who are willing to work for $45 an hour.”

Court officials say their primary responsibility is to protect vulnerable seniors.

“You’re dealing with an incompetent who has no one else to speak for them,” said Linda Martinez, a court-employed probate attorney. “If this were your mother, you would be asking, ‘What are your charges? What are your services?’ And you would be asking whether you want them to do shopping for $85 an hour.”