COL12010615GCA ESTATES AND PROBATE CH.39RESTORATION TO CAPACITY 1CHAPTER 39 RESTORA TION TO CAPACITY § 3901. Petition for Determination. § 3902. Procedure Before Trial. § 3903. Trial and Judgment. § 3901. Petition for Determination. Any person who has been declared insane, or for whom a guardian has been appointed as an insane or incompetent person, or the guardian or any relative or friend, may apply , by petition, to the Superior Court, to have the fact of his restoration to capacity judicially determined. The petition must be verified, and must state that such perso n is then sane or competent. SOURCE: Probate Code of Guam (1970), § 1470. § 3902. Procedure Before T rial. The cler k shall set the petition for hearing by the court. At the request of the person so declared insane or for whom a guardian has been appointe d, the question of his restoration to capacity must be tried by the court. At least five (5) days' notice of the trial must be given to the guardian of the person so declared insane, or for whom a guardian has been appoint ed, if there is a guardian, and t o the person's spouse, if any , and to his or her father and mother, if in the territory of Guam. person so declared insane, or for whom a guardian has been appoint ed, if there is a guardian, and t o the person's spouse, if any , and to his or her father and mother, if in the territory of Guam. SOURCE: Probate Code of Guam (1970), § 1471. § 3903. T rial and Judgment. On the trial, the guardian or relative of the person so de clared insane or for whom a guardian has been appointed, and, in the discretion of the court, any other person, may contest the right to the relief demanded. Witnesses ma y be required to appear and testify , as in civil cases, and may be called and examined by the court on its own motion. If it is found that the person in ques tion is sane and capable of manag ing and taking care of himself and his property , his restoration to capacity must b e adjudged and the guardian ship of such person, if not a minor, must cease. SOURCE: Proba te Code of Guam (1970), § 1472. ----------
Guam Legal Code