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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 30, § 30-3-116: Proceedings to determine restoration to capacity

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  1. OK Code
  2. Title 30

A. Any person who has been judicially determined to be an

incapacitated or partially incapacitated person, the guardian or

limited guardian, any relative of the ward or any friend of the ward

may apply by petition to the district court of the county in which

such person was declared incapacitated or partially incapacitated,

to have the fact of the ward's restoration to capacity judicially

determined. The petition shall be verified, and shall state that

such person is no longer incapacitated or partially incapacitated.

B. Upon receiving the petition, the court shall appoint a day

for the hearing. Such hearing shall be set within thirty (30) days

after the date of the filing of the petition. The court shall cause

notice to be served as provided by Section 3-110 of this title and

to the attorney of the subject of the proceeding, if any, and if

known to the petitioner. At the hearing, the guardian or relative

of the petitioner, and in the discretion of the court, any other

person, may contest the right of the petitioner to the relief

demanded. Witnesses may be required to appear and testify, as in

all other civil matters, and may be called and examined by the judge

on his own motion. If it is found that the petitioner is no longer

incapacitated or partially incapacitated and capable of taking care

of himself or his property, or both, his restoration to capacity

shall be adjudged, and the guardianship of such person shall cease.

R.L. 1910, § 6541. Amended by Laws 1955, p. 303, § 4; Laws 1988, c.

329, § 53, eff. Dec. 1, 1988. Renumbered from Title 58, § 854 by

Collected 2026-09-14T18:32:36Z. Source file · JSON

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