Estate of Phipps

112 Cal.App.2d 732 (1952) Estate of JESSE PHIPPS, an Incompetent Person. CLARK ALLEN, as Guardian, etc., Appellant,

v.

DEPARTMENT OF MENTAL HYGIENE, Respondent.

Civ. No. 15142. California Court of Appeals. First Dist., Div. One.

Aug. 18, 1952. Delaney, Werchick, Fishgold & Minudri and Everett P. Rowe for Appellant.

Edmund G. Brown, Attorney General, and Elizabeth Palmer, Deputy Attorney General, for Respondent. [733]

BRAY, J.

The California Department of Mental Hygiene petitioned the probate court for an order directing the guardian to pay expenses incurred for care, support and maintenance of the incompetent at the Stockton State Hospital. From an order requiring him to do so, the guardian appeals.

Question Presented

Can the estate of an incompetent be held liable for care at a state hospital furnished to an incompetent prior to the acquisition of any estate or property by such incompetent?

Agreed Facts

July 14, 1910, the superior court duly declared Jesse Phipps insane and that he should be treated in a state hospital and committed him to the Stockton State Hospital where he has been ever since and now is. Phipps is presently 80 years of age. At the time of his commitment and until the distribution to him on April 21, 1950, of a legacy under the will of Mary E. Barry, the incompetent had no estate. On April 10 the guardian of his estate was appointed. The probate court ordered the guardian to pay the department $2,400 for the incompetent's care, etc., for the five year period May 1, 1946, to April 30, 1951.

Is the Incompetent Liable for Care Prior to Acquisition of Estate?

[1] Section 6655 of the Welfare and Institutions Code provides: "If any person committed to a State mental hospital has sufficient estate for the purpose, the guardian of his estate shall pay for his care, support, maintenance, and necessary expenses at the mental hospital to the extent of the estate. Such payment may be enforced by the order of the judge of the superior court where the guardianship proceedings are pending. ..." [fn. *] This section also provides that payment shall not be exacted if there is likelihood of the patient's recovery and release from the hospital if payment would reduce his estate to such an extent that he is likely to become a burden on the community in the event of his release. If, however, the medical superintendent files a certificate that the patient is suffering from a chronic form of insanity and that recovery is beyond reasonable hope, then the guardian shall pay for the patient's care out of any moneys of the estate in his possession.