(Download) "Matter Conservatorship G.S. v. Department" by Court of Appeals of Wisconsin # Book PDF Kindle ePub Free

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Title: Matter Conservatorship G.S. v. Department
Author : Court of Appeals of Wisconsin
Release Date : January 16, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

The conservator of G.S., Jr., appeals from an order holding G.S.'s estate liable for the expenses of his institutionalization. The issues are (1) whether sec. 46.10(2), Stats., which authorizes the state to collect the costs of care from persons admitted or committed to a state institution, violates art. I, sec. 17 of the Wisconsin Constitution; and (2) if not, whether the order should be vacated on equitable grounds. We reject the conservator's arguments on both issues and affirm. The facts are undisputed. G.S. was committed to the Tri-County Unified Services Board as mentally ill pursuant to ch. 51, Stats. He was admitted to the Winnebago Mental Health Institute for treatment. The state, proceeding under sec. 46.10, Stats., seeks to recover $13,896.09, representing the costs incurred during G.S.'s five-month hospitalization. The trial court entered an order for payment which authorized the sale of G.S.'s homestead to satisfy the debt. The conservator does not dispute the amount of the hospital charges. He challenges only the power of the legislature and the court to permit the sale of G.S.'s residence.