If a guardian has been appointed for the estate of a patient in an institution within this Department of Mental Health and Substance Abuse Services, the court shall order the guardian to pay the amount of the state's claim for care and treatment. If no guardian has been appointed, the claim of the state against a patient for his care and treatment may be collected by suit or other proceedings against the patient brought in the name of the state by the district attorney of the county from which said patient was sent or any county in which the patient may have property. The claim of the state against a husband, wife, the parents and the children of any patient for his care and treatment may be collected by suit or other proceedings in the name of the state against the husband, the wife, a parent, a child, or any two or more of them. The action must be brought by the district attorney of any county in which one or more of the defendants reside. Such suits or proceedings shall be instituted upon the written request of the superintendent of the institution in which the patient is held, or the Commissioner, accompanied by his certificate as to the amount due, which amount shall be determined as provided by Sections 4-202 and 4-203 of the Mental Health Law, to the proper district attorney. If the claim for care and treatment is not paid within ninety (90) days after it is due and payable, the superintendent or Commissioner must request the appropriate district attorney or attorneys to institute a suit in accordance with the provisions of this section or suit must be instituted in accordance with Section 2-207 of the Mental Health Law.

Added by Laws 1953, p. 173, § 115, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 60, eff. Nov. 1, 1986. Renumbered from § 115 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 92, emerg . eff. April 9, 1990.