Pennsylvania Act 1915-293 — INSANE, FEEBLEMINDED PERSONS, SUPPORT OF

Act text

INSANE, FEEBLEMINDED PERSONS, SUPPORT OF
                  Act of Jun. 1, 1915, P.L. 661, No. 293              Cl. 67
                                  AN ACT

     Relating to the maintenance of insane, feeble-minded, and other
        persons confined in the various institutions of the
        Commonwealth; fixing liability for their support; providing
        for the collection of the moneys due the Commonwealth
        therefor, and for proceedings relating thereto.

        Compiler's Note:  Section 1001(1) of Act 141 of 1951 provided
            that Act 293 is repealed insofar as it is inconsistent
            with Act 141.
        Section 1.  Be it enacted, &c., That whenever any person is
     maintained as an inmate of any hospital, home, sanatorium, or
     other institution of the Commonwealth, in whole or in part at
     the expense of the Commonwealth, the property or estate of such
     person shall be liable for such maintenance, to be paid or
     recovered as hereinafter provided.
        Section 2.  Every trustee, committee, guardian or other
     person, nominated or appointed to take charge of the estate of
     any insane, feeble-minded, or other person who is an inmate of
     any State-owned mental hospital or any home, asylum, or other
     institution wherein said inmate is maintained in part by the
     Commonwealth, shall, within three months after his appointment,
     make a true and full report, under oath, to the Department of
     Revenue, showing the amount and character of said estate, and
     every year thereafter report to the Department of Revenue what,
     if any, changes there are in said estate; and every executor or
     administrator of any deceased inmate of any mental hospital,
     asylum, home, or institution, who is maintained in part by the
     Commonwealth of Pennsylvania, as aforesaid, shall, within three
     months after letters testamentary or of administration have been
     issued, make a true, full, and complete report, under oath, to
     the Department of Revenue of the extent and character of such
     estate. Whenever any fiduciary, or person aforesaid, shall file,
     in any court, an account of his administration of such property
     or estate, he shall file a duplicate of such account with the
     Department of Revenue, and no such account shall be confirmed
     except upon due proof to the proper court of the filing of such
     copy with the Department of Revenue. Such fiduciary or person
     shall also notify the Department of Revenue when, where, and by
     whom such account will be audited, and there shall be no
     confirmation of the report of an auditor auditing such account
     or final adjudication thereof by any court, except after due
     proof to the proper court of the giving of such notice. Any
     fiduciary or person aforesaid who shall fail to make any report
     to the Department of Revenue hereby required shall be personally
     liable for such amount due the Commonwealth, which amount may be
     recovered by suit, brought in the name of the Commonwealth,
     through the Department of Justice, in the same manner as other
     debts are recoverable.
        (2 amended Apr. 25, 1929, P.L.704, No.304)
        Section 3.  The husband, wife, father, mother, child, or
     children of any person who is an inmate of any asylum, hospital,
     home, or other institution, maintained in whole or in part by
     the Commonwealth of Pennsylvania, and who is legally able so to
     do, shall be liable to pay for the maintenance of any such
     person, as hereinafter provided. Whenever either of the owners
     of any property held by entireties shall be maintained in any
     institution as aforesaid, and the separate property of such
     inmate shall not be sufficient to reimburse the Commonwealth,
     such property held by entireties shall be liable for the same to
     the extent of any order that any court of record of this
     Commonwealth may make against the spouse of such inmate, either
     during the lifetime of such inmate or after his or her death.
     The liability for the support of such inmate is hereby declared
     to be the joint liability of such owners to the extent of such
     order and enforcement against their joint as well as their
     several properties.
        (3 amended May 10, 1921, P.L.438, No.213)
        Section 4.  The court of common pleas of the county of the
     residence of any inmate of a State-owned mental hospital, or any
     home, hospital, asylum, or other institution wherein said inmate
     is maintained in part by the Commonwealth of Pennsylvania,
     shall, upon the application of the Department of Justice, acting
     on behalf of the Department of Revenue, make an order for the
     payment of maintenance to the Commonwealth, upon the trustee,
     committee, guardian, or other person who has charge of the
     estate of any such inmate, or against the husband, wife, father,
     mother, child, or children of any person so maintained; and any
     order made against the husband, wife, father, mother, child, or
     children shall be in such amount as the court, in its
     discretion, deems proper, taking into consideration their
     ability to pay for said maintenance; and said court may also,
     upon like application, direct any trustee, committee, guardian,
     or other person having charge of any such estate, to file with
     the Department of Revenue the statement required by the second
     section of this act.
        (4 amended Apr. 25, 1929, P.L.704, No.304)
        Section 5.  The sworn statement of the superintendent,
     steward, or other person in whose custody are kept the records
     of any hospital, home, asylum, or other institution not owned by
     the State wherein persons are maintained in part at the expense
     of this Commonwealth, and a statement of the Department of
     Revenue issued under its seal on behalf of any State-owned
     institution wherein persons are maintained in part at the
     expense of the Commonwealth, shall be received as prima facie
     evidence in any court of this Commonwealth, of the amount
     expended by the Commonwealth for the support or maintenance of
     any such person, in any proceeding brought to recover the amount
     of such maintenance.
        (5 amended Apr. 25, 1929, P.L.704, No.304)
        Section 6.  All claims by the Commonwealth for maintenance,
     as herein provided, in the distribution of any of the estate of
     any person so maintained, shall take precedence and be paid
     after other claims which by law are now given precedence, and
     before any claims of general creditors.
        Section 7.  Where there is a claim against the estate of any
     person maintained in any home, hospital, asylum, or other
     institution, both on behalf of the Commonwealth and on behalf of
     any county or poor district, and there is not sufficient in the
     estate to pay the claim in full, the same shall be paid pro rata
     to the State and the county, in the proportion of the amount of
     maintenance legally recoverable by each.
        Section 8.  This act of Assembly is intended to apply to the
     collection of claims for maintenance due the Commonwealth at the
     time of its passage as well as those to become due hereafter.