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ESTATE v. STATE

No. 27370.

558 P.2d 438 (1976)

ESTATE of Annette D. PHILLIPS, M.I., Dwight A. HAMILTON, Conservator, Plaintiff-Appellee, v. STATE of Colorado, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 20, 1976.

Attorney(s) appearing for the Case

Fuller & Evans, James P. Stouffer, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Joseph N. de Raismes, First Asst. Atty. Gen., Deborah L. Bianco, Asst. Atty. Gen., for defendant-appellant.

Betty L. Nordwind, Denver, for Mental Health Law Project, Legal Aid Society of Metropolitan Denver, Inc., amicus curiae.

Edwin S. Kahn, Denver, for ACLU Foundation of Colorado, amicus curiae.

GROVES, Justice.

In 1972, following adjudication of Annette D. Phillips under the former commitment statute (Section 27-9-101, et seq.) as a mental incompetent, a conservatorship estate was created and Dwight A. Hamilton was appointed as conservator thereof. Section 27-10-114, C.R.S. 1973, originally enacted in 1973 and amended in 1974, provides:

"Any person who, by reason of a judicial decree entered by a...

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