Department of Mental Hygiene v. Black

LILLIE, J.

The Department of Mental Hygiene instituted this action to recover from the estate of the mother of a mentally ill person the cost of the latter’s support in a state hospital. Judgment was given the department as prayed for, and defendant appeals.

[629]

The material facts are undisputed. From September 11, 1944, to May 6, 1958, the daughter was a resident patient at Camarillo State Hospital; released on the last mentioned date, she was recommitted on October 29, 1959. Celia Black, the incompetent’s mother, died on August 16, 1959. From her estate there is available for distribution to her three children, the incompetent and two brothers, the sum of $5,794.97—the incompetent’s share thus being $1,900 approximately. As authorized by section 6651, Welfare and Institutions Code, the Director of Mental Hygiene determined the rates (the reasonableness of which is not challenged) for the incompetent’s care, support and maintenance as follows: $118 a month from August 17 to December 31, 1955; $122 a month from January 1 to December 31, 1956; $134 a month from January 1 to December 31, 1957; and $156 a month from January 1 to May 6, 1958. None of these charges, totaling $4,255.29, were paid to the department.

The present action was commenced on July 20,1960, within one year from the issuance to defendant of letters of administration.

The mother’s administrator, understandably deeming it his duty, sought to insulate the distributive shares of the incompetent’s brothers from the claims asserted by the department. Among other affirmative defenses raised in his answer, he alleged that (1) the department’s claim was barred by its failure to present a claim within six months (Prob. Code, § 707); (2) since the incompetent was “primarily liable,” the department had no right of recovery against her mother’s -Bátate; and (3) a portion of the claim was barred by the two-year statute of limitations (Code Civ. Proe., § 339). Only (2) and (3) are argued on this appeal; as for (3), although the inapplicability of section 339 was conceded upon the trial, reliance was placed on other statutes of limitation said to govern the facts at bar.

Section 6650, Welfare and Institutions Code, fixes the liability for expenses incident to the care and support of incompetents at state hospitals. Thereunder not only are the assets of the incompetent made chargeable for such expenses, but additionally “The husband, wife, father, mother, or children of a mentally ill person . . . and the administrators of their estates, and the estate of such mentally ill person . . . shall be liable for his care, support, and maintenance . . . ”; furthermore, “The liability of such persons and estates shall