M Civ JI 172.01 Appointment of Guardian or Conservator or Termination of Guardianship or Conservatorship: Defining Legal Names of Parties and Counsel

This is a proceeding to determine whether [ a [ guardian / conservator ] should be appointed for [ name of respondent ] / *a [ guardianship / conservatorship ] should be ended for [ name of incapacitated individual / name of protected person ] ].

The person seeking [ the appointment of a [ guardian / conservator ] / *to end the [ guardianship / conservatorship ] ] is called the petitioner. The petitioner is [ state name and indicate where seated ]. The attorney for the petitioner is [ state attorney’s name and indicate where seated ]. The person [ who is alleged to be the person requiring a [ guardian / conservator ] / *who does not agree that the [ guardianship / conservatorship ] should end ] is called the respondent. The respondent is [ state respondent’s name and indicate where seated ]. A respondent is one who responds to a petition. The attorney for the respondent is [ state attorney’s name and indicate where seated ]. [ If any other persons are at the counsel table, identify them and describe their function. ]

Note on Use

In a hearing for the appointment of a guardian or conservator or in a hearing for the termination of a guardianship or conservatorship, this instruction should be substituted for M Civ JI 1.02.

*If the hearing is for termination of the guardianship or conservatorship, the alternatives preceded by the asterisks should be used.

History

M Civ JI 172.01 was added January 1985. Amended June 2000.​