Profits of State hospital farms, 15 months ending Dec. 31, 1916

The legal work of the Commission is conducted by the Attorney-General of the State. The following letter gives a general statement of the work accomplished during the fiscal year:

"To the State Hospital Commission:

"The office of the Attorney-General has, in connection with its work with the State Hospital Commission, secured the appointments of an unusual number of committees for the year 1917. There have been a large number of defenses presented to the writ of habeas corpus, and except in one instance, all patients were remanded to their respective institutions.

"The field of legal activity in behalf of patients confined in State institutions, and in the interests of the State Hospital Commission, include the appointments of committees; the protection of their interests in all legal actions to which they are made parties, the greatest number of these proceedings being in Surrogate's Court, wherein patients are the beneficiaries of various interests from the estates of deceased relatives. There are, however, numerous actions such as the foreclosure of mortgages given by patients prior to their commitment; partition actions where the interests of incompetents cannot otherwise be secured to the patient; divorce actions and miscellaneous proceedings.

"From a legislative standpoint the office of the Attorney-General is interested in proposed legislation which will enable the

Attorney-General to peremptorily remove an offending committee of an incompetent person when that committee has failed to properly manage the estate of the incompetent, and who has not otherwise complied with the law.

"Miscellaneous questions of law have been submitted to this department by the State Hospital Commission, which it has been the pleasure of this office to answer.

"The Attorney-General is appreciative of the pleasant business relations which have existed between his office, the State Hospital Commission, and the various State hospitals, and he desires to extend his thanks for the many courtesies shown.

REPORT OF COLLECTIONS ATTORNEY

To the State Hospital Commission:

I hereby submit my report as collections attorney for the State Hospital Commission for the fiscal year ending June 30, 1917.

I entered upon my duties on the 15th day of February, 1917, when practically two-thirds of the fiscal year had passed, having succeeded Mr. William G. Dargan, who resigned about that time. The records of the office show that Mr. Dargan had performed his duties of collections attorney in a highly creditable manner. He obtained results whenever it was possible to do so, and his efforts, I know, were highly appreciated by the Commission.

During each month of the year the special agents or investigators are furnished with a list of admissions to each hospital, except in the metropolitan district where these lists are furnished weekly, and investigation into the financial condition of the patients is immediately taken up. The agents endeavor to locate the property belonging to the patient; they inquire into the financial condition of those legally liable for his support; that is to say, parent or child of the patient; and go still further, making suggestions to relatives and next of kin, although not legally liable, that something should be paid for the maintenance and care of the patient, if not at the rate of five dollars per week, as fixed by

the Commission, then whatever their circumstances will permit them to pay. Occasionally friends and other interested people are prevailed upon to contribute.

When property to which an incompetent has any title is found, a report is immediately forwarded to the collections department of the Commission; such information in turn is given to the Attorney-General who petitions a court of competent jurisdiction for an order appointing a committee. When a committee has been named, the collections department is so informed by the Attorney-General; it is then that the collections attorney communicates with the committee for the purpose of fixing a reimbursing rate which will satisfy the best interests of the State and will be commensurate with the property and income of the patient. When a rate has been fixed the different hospitals are authorized to send bills. These bills are paid directly to the hospital and not to this department. When money is received in this office, it is immediately transmitted to the institution where the patient is under treatment. The original rate is reduced, increased or dispensed with altogether as warranted by the economic condition of the patient. In some cases the supplying of clothing for the patient has been considered by the Commission as all that can be afforded. Many of the patients as well as their near relatives are absolutely destitute of means.

There are at the present time, as in former years, many socalled private patients. These are admitted under special agreement as provided by section 89 of the Insanity Law, such agreement being that the reimbursing rate shall be more than the legal rate of five dollars per week. This section, among other things, provides that the rate agreed upon in the case of these private patients, shall be secured by a surety bond which shall be approved by the Commission, and the bills, as in other cases, collected monthly. The forms of agreements are approved by the AttorneyGeneral. Some of these agreements provide that the principal or the surety shall be responsible for such maintenance as long as the patient remains in the institution. Another form of agreement expires at the expiration of one year after the date thereof. The latter form of contract, however, can be renewed from year to year.

Although the Commission employs what is known as a collections attorney, he is not permitted to avail himself of the use of the legal process of any court for the purpose of instituting proper proceedings for the collection of accounts, the Commission having designated the Attorney-General as the attorney of record for this department; and if the courts are appealed to, such action can be taken only by the Attorney-General or those specially deputized by him for the purpose; and although after a committee has been appointed and legally liable relatives are found, it comes within the province of the collections attorney to insist upon reimbursement when there are funds available, his efforts must be confined to writing letters or making from time to time an oral appeal as the situation presents itself. While a considerable amount is collected in the course of the year, it can be readily understood that the receipts would be greater if the attorney for this department was permitted to use the authority conferred upon similar officers of the court.

In addition to the splendid medical care and attention afforded patients by the Commission, it would seem that some definite action should be taken to conserve their property which in a great many cases is so easily and willingly dissipated by relatives, friends and committees. As a general rule a period averaging from two to three months elapses between the time of the commitment of a patient and the appointment of a committee. It is during this critical period that patients' estates are concealed and that which is disclosed to a special agent is done so reluctantly. I would also call attention to the fact that the agent may only inquire; has no power to administer an oath, no power of search, and he as well as the State and the patient must be satisfied with the statements made by committees or relatives. This bad situation, I am of the opinion, can be in great part remedied by adding to the form of commitment the following paragraphs:

"Does the patient, husband or wife, either parent or any child of the patient own real or personal property in the State of New York? If so, what and in what city or town?"

"Was the patient, or husband, in the military or naval service of the United States during the Civil or Spanish War? If so, in what regiment and company, or on what vessel?"

If property, either real or personal, should be disclosed at this time, then some provision should be had for a designation by the court of a temporary custodian in order that conservation of the property could be had in the beginning. The statement regarding military or naval service is very important in view of the fact that so many incompetents or their widows are the beneficiaries under a pension, and in many cases my attention has been called to the fact that these pensions have not been brought to light until years after the commitment of a patient, and then they are disclosed only on the receipt of anonymous letters or by accident, and it therefore can be seen that for years both the patient and the State have been deprived of an income to which they were entitled.

I further beg to call attention to the present form of procedure regarding the administration of the affairs and property of an incompetent which can be safely characterized as bad; especially in cases of estates that consist almost entirely of savings bank accounts, of which there are a great many. I should say, from my own knowledge, that the average savings bank accounts are $750. Proceedings resulting in the appointment of a committee in cases of this kind will invariably result in the entire estate being exhausted in the payment of fees and disbursements to committees; attorney's fee for committees; special guardians in accounting proceedings; fees for special guardians representing children of the incompetents; and the instituting of unnecessary litigation. Should there be a balance after all committee proceedings have been terminated, the Code of Civil Procedure as it presently stands, unfortunately allows a committee or his attorney an extra allowance which in nearly every instance means that the balance heretofore mentioned will be wiped out and absolutely nothing left in the estate. If the incompetent should be paroled or discharged from the institution it can be readily understood in what a pitiful predicament he finds himself, and invariably he is either recommitted or becomes a charge upon the county.

Incompetents' estates which consist in whole or in part of real property are handled in a similar manner, for under the code, there must be a referee appointed to hear and determine an application to sell incompetent's real property; special guardians