DEPARTMENT OF MENTAL HYGIENE OF CALIFORNIA
v.
KIRCHNER, ADMINISTRATRIX.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 19, 1965.
Decided March 8, 1965.
Attorney(s) appearing for the Case
Elizabeth Palmer, Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Thomas C. Lynch, Attorney General of California, Harold B. Haas, Assistant Attorney General, and John Carl Porter and Asher Rubin, Deputy Attorneys General.
Alan A. Dougherty argued the cause for respondent. With him on the brief was John Walton Dinkelspiel.
Briefs of amici curiae, urging reversal, were filed by William G. Clark, Attorney General of Illinois, Richard E. Friedman, First Assistant Attorney General, Richard A. Michael, Assistant Attorney General, and Jerome F. Goldberg and John E. Coons, Special Assistant Attorneys General, for the State of Illinois; by William B. Saxbe, Attorney General of Ohio, and Joanne Wharton, Assistant Attorney General, for the State of Ohio; by Robert Y. Thornton, Attorney General of Oregon, and A. Duane Pinkerton and Neil C. Hoyez, Assistant Attorneys General, for the State of Oregon; and by John J. O'Connell, Attorney General of Washington, and Stephen C. Way, Assistant Attorney General, for the State of Washington.
Briefs of amici curiae, urging affirmance, were filed by Robert W. Kenny for the National Federation of the Blind and the California League of Senior Citizens and by A. Kenneth Pye, John R. Schmertz, Jr., and Bernard D. Fischman for the National Association for Retarded Children, Inc., and the American Orthopsychiatric Association.
Supreme Court of United States.
MR. JUSTICE HARLAN delivered the opinion of the Court.
Mrs. Auguste Schaeche was adjudged incompetent in 1953 and committed to a California state mental institution operated by petitioner. California Welfare and Institutions Code § 6650 provides in pertinent part:
"The husband, wife, father, mother, or children of a mentally ill person or inebriate, and the administrators of their estates, and the estate of such mentally ill person or inebriate, shall...
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