Department of Mental Hygiene v. Preston

Florence S. Preston, guardian of the estate of Susan Preston, appeals from a judgment allowing the claim of the Department of Mental Hygiene, State of California, for the maintenance and support of her ward, Susan Preston. (Hereinafter referred to as “Ward”.)

The Ward, a mentally retarded child, was committed, pursuant to section 5258, Welfare and Institutions Code, to the Department of Mental Hygiene upon application of her parents at the age of 19. From the date of her institutionalization on July 2,1959, to the present time she has been a patient at Fairview State Hospital, a hospital for mentally retarded people.

Effective September 20,1963, the Director of Mental Hygiene established the costs for the care, support and maintenance of the Ward in the state hospital at the rate of $308 per month. On July 1, 1964, this rate was revised upward to $341 per month.

Since October 27, 1961, appellant, Florence S. Preston, has been the guardian of the Ward’s estate. In October 1963, the guardian filed her first account current for the guardianship. On March 26, 1965, the Department of Mental Hygiene, State of California, (hereinafter referred to as Department) petitioned the superior…