DEPARTMENT OF MENTAL HYGIENE v. MANNINA (1959)

Section 6655, Welfare & Institutions Code provides: ‘If a certificate from the medical superintendent of the State hospital in which the person is confined as a patient is filed * * * in which certificate the medical superintendent states that the patient is suffering from a chronic form of insanity, and that in his opinion a recovery is beyond reasonable hope and that the patient will in all probability continue to be a charge in a State hospital until death, such certificate shall be prima facie evidence that the patient is not likely to recover or to be released from the hospital * * *.’

Respondent argues that because such a certificate was filed in the guardianship proceeding in this case before he orders fixing the amounts of the payments were made the probate court could only have made its orders ‘by impliedly finding that the Director consented to such a reduction, cancellation or remission.’ This argument ignores the fact that the certificate is not made conclusive but only prima facie evidence by the terms of the section relied upon.

The petition for rehearing is denied.

PER CURIAM.