9.06.140 Restoration of Incompetent Person; Procedure

Any person who has been declared mentally incompetent under Chapter 2.12 of this Code, or the guardian, or any relative of such mentally incompetent person, or a friend, may apply by petition to the Tribal Court to have the fact of his restoration to capacity judicially determined. The petition shall be verified and shall state that such person is mentally competent. Upon receiving such a petition, the Court shall order a hearing of the Competency Board. Notice of the hearing shall be given to the guardian of the petitioner, if there be a guardian, and to his or her father or mother, if living on the reservation.

If it be found that the petitioner be of sound mind and capable of the taking care of himself and his property, his restoration to capacity shall be adjudged, and the guardianship of such person, if such person is not a child, shall cease.