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DEPT. OF SOC. SERV. v. SMITH, HARST ETC.

No. 89SC341.

803 P.2d 964 (1991)

COLORADO DEPARTMENT OF SOCIAL SERVICES, Petitioner, v. SMITH, HARST & ASSOCIATES, INC., Interocean Properties, Inc., d/b/a Sheridan Manor Nursing Home, and Georgian Health Centers, Inc., d/b/a Georgian Health Center, Respondents.

Supreme Court of Colorado, En Banc.

January 14, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Joyce K. Herr, Asst. Atty. Gen., Human Resources Section, Denver, for petitioner.

Sheila H. Meer, P.C., Sheila H. Meer, James R. Gilsdorf, Denver, for respondents.

Justice VOLLACK delivered the Opinion of the Court.

The Colorado Department of Social Services (the Department) appeals the decision of the court of appeals affirming the trial court's holding that the Department did not have the power to recover by setoff monies improperly withdrawn by respondent nursing homes from patient personal needs trust fund accounts (trust fund accounts). 780 P.2d 20. We reverse.

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