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§43A-7-112.


§43A-7-112.
   
   When any person shall have been adjudged legally mentally incompetent,
   petition may be presented to the court or the judge thereof which made
   such adjudication or to the court or the judge of the county where the
   person resides, for a finding and order declaring such person restored
   to soundness of mind. If an order is entered restoring the person to
   soundness of mind, such order shall be forwarded to the court which
   made the order adjudging said incompetency, and shall be placed in the
   original file of the matter. Said order shall not affect any
   guardianship proceedings pending so as to prevent the payment of any
   lawful claims against such guardianship estate. If a person has been
   adjudged to be legally mentally incompetent in another state, the
   petition may be presented to the district court or the judge thereof
   where the patient resides or where the institution in which the
   patient is confined is located. Such a petition may be presented by
   the person who has been declared to be incompetent, or by his father,
   mother, husband, wife, brother, sister, child, or next of kin, or if
   in his opinion the patient has recovered, by the superintendent of the
   institution in which he is held. If the superintendent of the
   institution where a person is confined files a petition, in addition
   to requesting an adjudication as to the person's competency, the
   superintendent may request the appointment of a temporary guardian to
   whom the mentally incompetent person may be released pending the
   hearing on the petition. If such a request is made, the superintendent
   must attach a verified affidavit to his petition stating that the
   patient no longer needs care and treatment and confinement is not
   necessary for his safety and the safety of others. The district
   attorney of the county in which the petition is filed shall represent
   the superintendent of the institution in which the patient is kept and
   shall prepare the necessary pleadings for him. Upon presentation of
   the petition to the court or the judge thereof, the court or the judge
   thereof, shall fix a time for hearing thereon, and in case the
   application is made by the person adjudged mentally incompetent, shall
   cause notice of such hearing to be given to the person who applied for
   such adjudication, if he be found in said county, and may cause such
   further notice to be given as to the court or the judge thereof seems
   proper. If, upon the hearing of such petition the court or the judge
   thereof from the testimony given, shall find such person restored to
   soundness of mind, an order shall be entered declaring him mentally
   competent; provided, however, that the testimony of at least two
   qualified examiners establishing the sanity of such person, shall be
   required before the finding of the court or the judge thereof and
   entering such order. The provisions of this section must also be
   followed when determining the competency of a person who has legally
   been determined to be mentally incompetent although they are not
   institutionalized.
   

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