{"data":{"id":"us-ok/okla.-stat.-tit.-43a-43a-7-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43A, § 43A-7-112","heading":"Judicial proceeding for declaration of restoration to","body":"soundness of mind - Procedure.\n\nA. When any person shall have been adjudged legally mentally\n\nincompetent, a petition may be presented to the court or the judge\n\nthereof which made such adjudication or to the court or the judge of\n\nthe county where the person resides, for a finding and order\n\ndeclaring the person restored to soundness of mind.\n\n1. If an order is entered restoring the person to soundness of\n\nmind, such order shall be forwarded to the court which made the\n\norder adjudging said incompetency, and shall be placed in the\n\noriginal file of the matter. The order shall not affect any\n\nguardianship proceedings pending so as to prevent the payment of any\n\nlawful claims against such guardianship estate.\n\n2. If a person has been adjudged to be legally mentally\n\nincompetent in another state, the petition may be presented to the\n\ndistrict court or the judge thereof where the consumer resides or\n\nwhere the facility in which the consumer is confined is located.\n\nThe petition may be presented by the person who has been declared to\n\nbe incompetent, or by the father, mother, husband, wife, brother,\n\nsister, child, or next of kin of the person, or by the executive\n\ndirector of the facility in which the consumer is held, provided,\n\nthe executive director is of the opinion that the consumer has\n\nrecovered.\n\n3. a. If the executive director of the facility where a\n\nperson is confined files a petition, in addition to\n\nrequesting an adjudication as to the person’s\n\ncompetency, the executive director may request the\n\nappointment of a temporary guardian to whom the\n\nmentally incompetent person may be released pending\n\nthe hearing on the petition.\n\nb. If a request is made, the executive director must\n\nattach a verified affidavit to the petition stating\n\nthat the consumer no longer needs care and treatment\n\nand confinement is not necessary for the safety of the\n\nconsumer and the safety of others.\n\nB. The district attorney of the county in which the petition is\n\nfiled shall represent the executive director of the facility in\n\nwhich the consumer is kept and shall prepare the necessary pleadings\n\nfor the executive director.\n\nC. Upon presentation of the petition to the court or the judge,\n\nthe court or the judge shall set a time for hearing, and in case the\n\napplication is made by the person adjudged mentally incompetent,\n\nshall issue notice of the hearing to be given to the person who\n\napplied for such adjudication, if the person be found in the county,\n\nand may cause such further notice to be given as to the court or the\n\njudge seems proper.\n\nD. If, upon the hearing of the petition the court or the judge\n\nfrom the testimony given, shall find such person restored to\n\nsoundness of mind, an order shall be entered declaring the person\n\nmentally competent. The testimony of at least two qualified\n\nexaminers establishing the sanity of such person, shall be required\n\nbefore the finding of the court or the judge and entering the order.\n\nE. The provisions of this section must also be followed when\n\ndetermining the competency of a person who has legally been\n\ndetermined to be mentally incompetent although the person is not\n\ninstitutionalized.","path":["OK Code","Title 43A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"21c849421c1baa06748236c2c468fd2ba3a6257293cd787501adc1470efdf8e8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43a-43a-7-108","next":"us-ok/okla.-stat.-tit.-43a-43a-7-113"},"notice":"GroundRules: Original legal text. Not legal advice."}