Opinion
October 3, 1974.
December 5, 1974.
Guardian and Ward — Incompetent persons — Liability for cost of maintenance — Commitment to state hospital for criminally insane — Recovery by Commonwealth — Mental Health Act of 1951 — Estoppel.
It was Held that the Commonwealth was precluded from recovering from an incompetent's estate the cost of his maintenance in a state hospital since 1953.
Mr. Justice EAGEN filed a dissenting opinion, in which Mr. Justice POMEROY and Mr. Justice MANDERINO joined.
Appeal, No. 98, March T., 1974, from decree of Court of Common Pleas, Orphans' Court Division, of Washington County, No. 331 of 1957, in re estate of Donald K. Watkins, an incompetent. Decree affirmed; reargument refused January 24, 1975.
Proceedings upon claim by Commonwealth against incompetent's estate for payment of care and maintenance rendered to incompetent. Before MARINO, J.
Claim dismissed; exceptions thereto dismissed and final order entered, opinion by SIMMONS, J. Commonwealth appealed.
John M. Duff, Deputy Attorney General, with him Janet Moschetta, Assistant Attorney General, and Israel Packel, Attorney General, for appellant.
Jerome Hahn, for appellee.
Argued October 3, 1974. Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
In this action, the Commonwealth seeks to recover from an incompetent's estate the cost of the incompetent's maintenance since his commitment in 1953 to Farview State Hospital. The Orphans' Court of Washington County denied the claim. We affirm on the basis of our decision in Downing Estate, 458 Pa. 553, 330 A.2d 530 (1974).
To the extent that the Commonwealth seeks to satisfy its claim from funds received by the estate as Veterans' Administration benefits, recovery is barred by Chojnacki Estate, 397 Pa. 596, 156 A.2d 812 (1959), cert. denied, 363 U.S. 826, 80 S.Ct. 1595 (1960).
Decree affirmed. Costs on the Commonwealth.
I dissent for the reasons stated in my dissenting opinion in Downing Estate, 458 Pa. 553, 330 A.2d 530 (1974).
Mr. Justice POMEROY and Mr. Justice MANDERINO join in this dissenting opinion.