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In Estate of Fassetta, 14 Cal. Accordingly we must look to the construction given section of the Political Code prior to Section provides in its pertinent parts: "The husband, wife, father, mother, or children of a mentally ill person In section it is provided that "The department shall, following the admission of a patient into a State hospital for the insane We would accomplish that result here by construing the statute as making financial ability a condition of liability. It was based on the former Political Code section There, there was no evidence that the department ever made demand upon the decedent, during his lifetime, for the support of his insane son. This fact has not, however, entirely abolished the parental obligation.
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It continued in the absence of effective administrative action to modify, remit or cancel it.
That section commences: "All aid rendered by the county under this chapter shall be a charge against the spouse, parent and adult child of the recipient thereof and the county rendering aid shall be entitled to reimbursement therefor. But there is no evidence that such action was taken following the initial investigation. Hilton, Deputy Attorney General, for Respondent. In a further amendment did not alter the provisions of the same section in any respect material to the present inquiry.
The language of the first paragraph of section and the change of the law in too clearly provided for the imposition of an initial liability to permit any other construction.
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MCGILVERY, T.A., AND COOK, D.L.,The Influence of local gradients on Web: lications/_IR/chap_07/chap_htm. Bouma, A.H., Styzen, M.J., and Lawrence, D.T., eds., Deep-Water Reservoirs of.
It is true that the Director of Mental Hygiene or his predecessor, the Director of Institutions might have cancelled or remitted the amounts due, following an investigation and determination of inability to pay on the part of the deceased, in accordance with section of the Welfare and Institutions Code.
The language in brackets was added by amendment. But there is no evidence that such action was taken following the initial investigation.
Brown, Attorney General, and Ariel C. It may fairly be said that the liability of the estate of the incompetent under section of the Welfare and Institutions Code, once the incompetent has died, is "unconditional" as opposed to the conditionally imposed liability of the estate of a responsible relative under sections, and Other amendments, not here material, were also made in and
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|After his death the department filed a claim in his estate.
In all cases, it is contended, the obligation to support is an absolute one, and it is only the collectibility of that obligation which is made conditional upon the ability of particular relatives and others to pay. Manifestly, the liability of a decedent's estate for necessaries of life furnished the decedent himself during his lifetime is quite a different thing from seeking to impose liability for such necessaries upon another person or the latter's estate.
Accordingly, there is good reason why government should not look to responsible relatives for the support and maintenance of youths committed to the Authority. Buegeleisen, Cal.
SALVAGE Motor magazine [and others] By Bill Sastaunik (William H. Sastaunlk) Appl. states prev. version pub. ft reg. (3B) Baptist (5D) Bar (4E) Bar (1E) Barber - (6B) Barber - ( 3E) (3C) Lawler (1D) Lawrence - (1C) Lawrence - (2D) Lawrence. (1D) Mcgann (1E) Mcgilvery (2C) Mcginnis (1B) Mcginnis - Appl. author: St. Alban's Corp., employer for hire of Jane Lawrence. C ct57 SEE McGilvery, Robert Warren.
SALVAGE Motor magazine [and others] By Bill Sastaunik (William H. Sastaunlk) Appl. states prev. version pub. ft reg.
Their son Laurence, was 3 years of age. The defendant claims that in each of the first five categories where a relative or relatives of persons receiving assistance are made liable for their support and maintenance the obligation, in the express language of the code, is made conditional on ability to pay.
State, 38 Cal. Decisional law in other states is based on legislative enactments not the same as those here involved and for that reason are not controlling. The present case, insofar as research has disclosed, is the first in which this court has dealt with [50 Cal.