Okla. Stat. tit. 43A, § 43A-7-112

soundness of mind - Procedure.

A. When any person shall have been adjudged legally mentally

incompetent, a 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 the person restored to soundness of mind.

1. 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. The order shall not affect any

guardianship proceedings pending so as to prevent the payment of any

lawful claims against such guardianship estate.

2. 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 consumer resides or

where the facility in which the consumer is confined is located.

The petition may be presented by the person who has been declared to

be incompetent, or by the father, mother, husband, wife, brother,

sister, child, or next of kin of the person, or by the executive

director of the facility in which the consumer is held, provided,

Oklahoma Statutes - Title 43A. Mental Health Page 196

the executive director is of the opinion that the consumer has

recovered.

3. a. If the executive director of the facility where a

person is confined files a petition, in addition to

requesting an adjudication as to the person’s

competency, the executive director may request the

appointment of a temporary guardian to whom the

mentally incompetent person may be released pending

the hearing on the petition.

b. If a request is made, the executive director must

attach a verified affidavit to the petition stating

that the consumer no longer needs care and treatment

and confinement is not necessary for the safety of the

consumer and the safety of others.

B. The district attorney of the county in which the petition is

filed shall represent the executive director of the facility in

which the consumer is kept and shall prepare the necessary pleadings

for the executive director.

C. Upon presentation of the petition to the court or the judge,

the court or the judge shall set a time for hearing, and in case the

application is made by the person adjudged mentally incompetent,

shall issue notice of the hearing to be given to the person who

applied for such adjudication, if the person be found in the county,

and may cause such further notice to be given as to the court or the

judge seems proper.

D. If, upon the hearing of the petition the court or the judge

from the testimony given, shall find such person restored to

soundness of mind, an order shall be entered declaring the person

mentally competent. 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 and entering the order.

E. 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 the person is not

institutionalized.