Page:United States Statutes at Large Volume 47 Part 1.djvu/1106

 1082 72d CONGRESS. SESS. II. . CH. 127 . FEB RUARY 27, 1933. larly given, the court shall so find in its order or judgment, and such judgment shall be final and conclusive upon all persons. Insane and incompe- GUARDIANS OF INSANE AND INCO MPETENT P ERSONS IN GENERAL tents, in general . t Guardians of. SEC. 969 . GUARDIANS OF INSANE ANDO'a R INCOMPETENT PERSONS .- When it is represented to the district court or judge, upon verified petition of any relative or friend, that any person is insane, or from any cause mentally incompetent to manage his property, su ch cour t or judge must cause a not ice to be given to the supposed insane or incompetent person of the time and place of hearing the case, not less than five days before the time so appointed, and such person, if able to attend, must be produced on the hearing, provided hat when such person is a patient at a hospital in the C anal Zone, the certificate of the medical superintendent or acting medical super- intendent of such hospital, to the effect that such patient is unable to attend on the hearing shall be prima facie evidence of such fact. Appointment after SEC. 970. APPOINTMENT OF GUARDIAN BY COURT AFTER HEAR ING. - bearing' If, aft er a full he ari ng and examination up on such petition, it appears to the, court that the person in question is incapable of taking care of himself and managing his property, such court must appoint a guardian of his person and estate, or person or estate, with the powers and duties in this chapter specified. Appointment as. SEC. 971. APPOINTMENT AS GUARDIAN .-In awarding letters of guardianship of the person and estate, or person or estate, of an Po st, p.1146. insane or incompetent person, the court shall appoint as guardian such person as may have been designated pursuant to section 16 6e of the Civil Code, in which cases such persons shall be appointed unless good cause to the contrary be shown. Powers and duties. S EC. 972 . POWERS AND DuTus OF GUARDIANS .-E ve ry guardian appointed, as provided in the preceding section, has the care and custody of the person of his ward and the man agement of all his estate, or the care and custody of the person of his ward or the management of all his estate, according to the order of appointment, until su ch guardian is legally discharged, and he mu st give bond to such ward in lik e ma nner and with like conditions as before prescribed with respect to the guardian of a minor. Proceeding for resto- SEC. 973. PROCEEDING FOR RESTORATION TO CAPACITY.Any person ration to capacity, by petition. who has been declared insane or incompetent, or the guardian, or any relative of such person within the third degree, or any friend, may apply, by petition, to the division of the district court in wh ic h .he was decl ared ins ane, to have the fact of his rest oration to verification. capacity judicially determined. The petition must be verified, and must state that such person is then sane or competen t. Upon Day for bearing on. receiving the petition, the court must appoint a day for a hearing before the court, and, if the petitioner requests it, must order an investigation before a jury, which must be summoned and impaneled Notice. in the same manner as juries in civil actions. The court must cause notice of the trial to be given to the guardian of the person so declared insane or incompetent, if there is a guardian, and to his or her husband or wife, if there is one, and to his or her father or Trial. mother, if living in the Canal Zone. On the trial, the guardian or relative of the person so declared insane or incompetent, and, in the discretion of the court. any other person, may contest the right to the r elief deman ded. W itne sses may be req uire d to app ear and testify, as in civil cases, and may be called and examined by the Judgment. court on its own motion. If it is found that the person is of sound mind, and capable of taking care of himself and his property, his restoration to capacit'- trust be adjudged, and the guardianship of such person. if such pcrsurl is not a minor, must cease.