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IN MATTER OF G.S., JR.: C.S. v. DHSS

No. 85-1527.

134 Wis.2d 363 (1986)

397 N.W.2d 133

IN the MATTER OF the CONSERVATORSHIP OF G.S., Jr.: C.S., Conservator-Appellant, v. DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Respondent.

Court of Appeals of Wisconsin.

Decided October 16, 1986.

Attorney(s) appearing for the Case

For the conservator-appellant the cause was submitted on the briefs of John T. Manning of Wisconsin Rapids.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Donald P. Johns, assistant attorney general.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

The conservator of G.S., Jr., appeals from an order holding G.S.'s estate liable for the expenses of his institutionalization. The issues are (1) whether sec. 46.10(2), Stats., which authorizes the state to collect the costs of care from persons admitted or committed to a state institution, violates art. I, sec. 17 of the Wisconsin Constitution; and (2) if not, whether the order should be vacated on equitable grounds. We reject the conservator's arguments...

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