Instructions
M Civ JI 222.01 Form of Verdict: Appointment of Guardian of Adult
M Civ JI 222.02 Form of Verdict: Termination of Guardianship of Adult
M Civ JI 222.11 Form of Verdict: Appointment of Conservator of Adult
M Civ JI 222.12 Form of Verdict: Termination of Conservatorship of Adult
We, the jury, make the following answers to the questions submitted by the Court:
QUESTION NO. 1: Is [name of respondent] an incapacitated person?
Answer: ____ (yes or no)
If your answer is “no,” do not answer any further questions.
QUESTION NO. 2: Is a guardian necessary as a means of providing continuing care and supervision of [name of respondent]?
Answer: ____ (yes or no)
Comment
The court may appoint a guardian with limited powers if it is found by clear and convincing evidence that the incapacitated individual lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself. MCL 700.5306(3). Only if it is found by clear and convincing evidence that the individual is “totally without capacity to care for himself or herself,” may the judge appoint a full guardian, but in doing so the judge “shall specify that finding of fact” in the order. MCL 700.5306(4).
History
M Civ JI 222.01 was added January 1985.
Amended January 1990, June 2000.
We, the jury, make the following answers to the questions submitted by the Court:
QUESTION NO. 1: Does [name of incapacitated individual] continue to be an incapacitated person?
Answer: ____ (yes or no)
If your answer is “no,” do not answer any further questions.
QUESTION NO. 2: Does a guardian continue to be necessary as a means of providing continuing care and supervision of [name of incapacitated individual]?
Answer: ____ (yes or no)
Comment
History
M Civ JI 222.02 was added January 1985.
Amended January 1990, June 2000.
We, the jury, make the following answers to the questions submitted by the Court:
QUESTION NO. 1: Is [name of respondent] [mentally ill / mentally deficient / physically ill or disabled / a chronic user of drugs / chronically intoxicated / confined / detained by a foreign power / disappeared / [other]] ?
Answer: ____ (yes or no)
If your answer is “no,” do not answer any further questions.
QUESTION NO. 2: Due to [insert alleged malady or situation] is [name of respondent] unable to manage [his / her] property and business affairs effectively?
Answer: ____ (yes or no)
If your answer is “no,” do not answer any further questions.
*QUESTION NO. 3: Will [name of respondent]’s property be wasted or dissipated unless proper management is provided?
Answer: ____ (yes or no)
*QUESTION NO. 4: Is money needed for the support, care, and welfare of [name of respondent] or those entitled to be supported by [him / her] and is protection necessary or desirable to obtain or provide money?
Answer: ____ (yes or no)
Note on Use
*The court should select Questions No. 3, 4, or both, whichever are applicable to the case.
History
We, the jury, make the following answers to the questions submitted by the Court:
QUESTION NO. 1: Is [name of protected person] [mentally ill / mentally deficient / physically ill or disabled / a chronic user of drugs / chronically intoxicated / confined / detained by a foreign power / disappeared / [other]] ?
Answer: ____ (yes or no)
If your answer is “no,” do not answer any further questions.
QUESTION NO. 2: Due to [insert alleged malady or situation] is [name of protected person] unable to manage [his / her] property and business affairs effectively?
Answer: ____ (yes or no)
History
M Civ JI 222.12 was added January 1985.
Amended June 2000.