Conservatorship of Edde
Opinion
Opinion
Bernard C. Barmann, Sr., County Counsel, and Susan M. Gill, Deputy County Counsel, for Objector and Respondent.
Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, Catherine E. Bennett, Joseph D. Hughes and Joshua D. Meier for Real Party in Interest and Respondent.
WISEMAN, Acting P. J.
In this appeal we hold that Welfare and Institutions Code section 7275 [1] does not violate equal protection when applied to allow the state to seek reimbursement from the conservator of an Alzheimer's dementia patient who was committed to a state hospital, as a pretrial detainee, charged with the murder of his wife.
In September 2005, 78-year-old Thomas Lee Edde, who suffers from Alzheimer's dementia, tragically murdered his wife Loretta after an argument. Criminal proceedings were initiated and the trial court found Thomas incompetent to stand trial within the meaning of Penal Code section 1368. The court ordered that Thomas be committed to Patton State Hospital for treatment and care pursuant to Penal Code sections 1370 and 1370.1, with the goal that Thomas be restored to competency. Criminal proceedings were suspended. A conservatorship over Thomas's estate was established in October…