§43A-4-205.

§43A-4-205.
   
   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.