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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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