Short answer. File a verified petition in the guardianship court asking that the ward's present competency be judicially determined. The ward himself, the guardian, a relative or a friend may file it. After notice and a hearing, if the court finds the person no longer incompetent, competency is adjudged and the guardianship ceases.
What the law says
A person who has been declared incompetent for any reason, or his guardian, relative, or friend, may petition the court to have his present competency judicially determined.
Rule 97, Section 1 — Petition that competency of ward be adjudged, and proceedings thereupon. Read the full provision →
What the law says
If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease.
Rule 97, Section 1 — Petition that competency of ward be adjudged, and proceedings thereupon. Read the full provision →
Who may ask, and in what form
Rule 97, Section 1 opens the door widely: A person who has been declared incompetent for any reason, or his guardian, relative, or friend, may petition the court to have his present competency judicially determined. The ward does not need the guardian's permission to seek restoration — a relative or even a friend can start it for him. The form matters: the petition must be verified by oath and must state that the person is then competent. The question the court will try is present competency, not whether the original declaration of incompetency was right.
Notice and the hearing
On receiving the petition, the court fixes a time for hearing and causes reasonable notice to be given to the guardian and to the ward. The hearing is a genuine contest, not a rubber stamp: the guardian or the ward's relatives — and, in the court's discretion, any other person — may oppose the relief, and witnesses may be called and examined by the parties or by the court on its own motion. Expect the evidence to centre on the ward's current condition: how he manages himself and his affairs now, and what those who deal with him observe.
Recovery alone does not end the guardianship
Until the court rules, the guardian's authority stands, however complete the recovery seems. What ends it is the adjudication: If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease. That order is what banks, buyers and registries will ask for before treating the former ward as fully able to contract and manage property again. So the practical step for a recovered ward or the family is to gather current proof of capacity — medical evidence and witnesses familiar with his daily affairs — and file the verified petition rather than simply acting as though the guardianship were over.
This rule is for incompetent adults, not minors
Rule 97 now governs guardianship of incompetents who are not minors. Since May 2003, guardianship of minors — including its termination when the child comes of age or the guardianship is otherwise ended — has been governed by the Rule on Guardianship of Minors (A.M. No. 03-02-05-SC), which amended Rules 92 to 97 in that respect. So the petition described here is the route where the ward is an adult who was declared incompetent — by reason of illness, for example — and has since recovered. Where the ward is a minor, the 2003 Rule supplies the procedure instead.