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McCAULEY v. DEPT. OF REVENUE

566 P.2d 537 (1977)

30 Or.App. 87

Alice Z. McCauley, Protected Person, by and through Pioneer Trust Company, Her Conservator, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Donald H. Upjohn, Salem, argued the cause for appellant. With him on the brief was Heltzel, Byers & Upjohn, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and TANZER, J.

SCHWAB, Chief Judge.

Plaintiff appeals from a decision of the circuit court affirming an institutional reimbursement order issued by the Department of Revenue. The issue is whether the Department's right to reimbursement for the cost of institutionalization in a state facility is limited to the current income of the institutionalized person.

Plaintiff, a 70-year-old widow who suffers from a variety of physical and mental disorders, has been hospitalized...

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