Grasty

State Department of Developmental Services v. Grasty

Good Law
173 Cal. App. 4th 883·93 Cal. Rptr. 3d 266
Court of Appeal of CaliforniaMay 1, 2009No. F055054California5,438 words

Opinion

lead Opinion

Wiseman, J.

In this appeal we hold that Welfare and Institutions Code section 7275 1 does not violate equal protection when *888 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.

PROCEDURAL AND FACTUAL HISTORIES

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 2006 in superior court case Conservatorship of Edde (Super. Ct. Kern County, No. S-1500-PB-55764) (conservatorship action). Thomas’s daughter April Edde was appointed conservator. Respondent Kern County Public Guardian Kris Grasty (public guardian) is…

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