Okla. Stat. tit. 30, § 30-3-116
This is the official text of Okla. Stat. tit. 30, § 30-3-116, part of Oklahoma’s Stat. tit. 30, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 30,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Proceedings to determine restoration to capacity
Official statutory text
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
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
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.