Evening star., 1955-02-19
DC. Out toSave
t
s5O0,OOO at
81. EIizabefhs
Plan Court Action
To Get Control
Of Patients Funds
BY Howard |. Dutkin

The District government is
planning court action in an at
tempt to salvage an estimated
$50o,0o0 to 81 million annually
from the cost of upkeep of Dis
trict patients in st. Elizabeths
Hospital.
The program as outlined by
Assistant Corporation Counsel
Milton Norman, in essence, is
to gain some control over social
security payments made by the
Federal Government to the pa
tients and other funds that
might be sent them.
The social security payments,
according to Mr.. Norman, now
are sent by the Department of
Health, Education and Welfare
directly to DR.. Winfred Over
holser, hospital superintendent.
Mr.. Norman said that no ac-
counting is made of the funds
and that DR.. Overholser declines
to disclose just how much money
Is involved.
Points to Law on Funds.
DR.. Overholser told reporters
he is not permitted by law to
turn over any of the patients
funds to the District Government
even though the District cur
rently pays $5.24 a day for the
upkeep of each patient.
He said that the funds are
audited annually by the Gen.
eral Accounting Office. He said
he is not permitted to make
public exact figures except to a
court-appolnted guardian of a
patient or to the court.
Out of about sos million
spent each year by the District
for patients upkeep, only about
81 million is recovered annually,
Mr.. Norman said. This sum is
obtained from relatives and
guardians of the patients.
Allowance Given Patients.
DR.. Overholser, after receiving
the social security checks or
other money sent to the patients,
gives them an allowance for per-
sonal expenses such as cigarettes
or other small luxuries, provides
for burial funds and then sends |
to the legal guardian any funds
he deems, at his discretion, to
be surplus"
In the planned court action,
Mr.. Norman said he would pro-
pose that all funds, including
social security checks. be turned
over by DIR. Overholser to court
appointed guardians. Then, Mr.. !
Norman said, the District would
be in a position to get more
money from the guardians as
compensation for. funds spent in
the patients upkeep.
The issue was revealed during !
Che course of a routine motion I
before Federal Judge James r.
Kirkland. Attorney Robert Gra-
ham, a court-appointed guard |
ian for a st. Elizabeths patient,
had asked the court to relieve !
him of his duty on the grounds |
that he had little actual con-
troll over the patients finance
and cited DR.. Overholser's dis
cretionary powers to turn over
only what the doctor deemed
surplus. Under the law such
a guardian receives a fee amount
Ing to 5 per cent of what the
patient actually spends. /
$500 Estate.
The attorney asked the court .
to allow him to return to DR.. 7
Overholzer $500 amounting to /
g. patients estate and to with |
draw.
Mr.. Norman opposed this mo-
ton. asserting that the $500
should be turned over to the |
District Government on the !
grounds that the patient "owes"
The government $7,660 for his
upkeep.
Mr.. Norman told the court
that the patient is receiving $50
a month in social security pay
ments. But, Mr.. Norman said,
the District receives none of this
since DR.. Overholser has COM
plete control over the funds. !
The Assistant Corporation
Counsel said there are currently
about $500 District patients at
the hospital for which the Dis
trict is paying upkeep and re-
covering only about 10 per cent
of the money spent.
" Formal Motion Filed.
Judge kirkland first suggested
that Mr.. Graham's motion be
formalized in writing. Later he
suggested to Mr. Norman that
another motion affecting control
of the funds be made so that
a test case could be held on this
issue. Mr.. Graham filed formal
motion later in the day asking
leave to return funds in his pos
session to DR.. Overholser and to
withdraw as guardian.
AT one point. Mr.. Norman
said that the Health, Education
and Welfare Department "has
decided it will turn over social
security checks only to the St.
Elizabeths superintendent as best |
qualified to handle the money"
"Supposing the court tells
them they are wrong?" Judge
Kirkland asked.
"I'd be delighted" Mr.. Eor-
man smiled. Then the Judge
suggested that appropriate mo-
tion be filed naming as respond
ents the Welfare Department
and DR.. Overholser
Maybe out of decision we'll
get something in the District
that is practical snd equitable
Judge kirkland stated. Maybe