M Civ JI 172.11 Appointment of Conservator of an Adult

A conservator may be appointed by the court if the petitioner proves by clear and convincing evidence that:

(a) by reason of [ mental illness / mental deficiency / physical illness or disability / chronic use of drugs / chronic intoxication / confinement / detention by a foreign power / disappearance / [ other ] ],

(b) [ name of respondent ] is unable to manage [ his / her ] property and business affairs effectively, and

(c)

(i) [ name of respondent ] has property that will be wasted or dissipated unless proper management is provided, or

(ii) money is needed for the support, care, and welfare of [ name of respondent ] or those entitled to be supported by [ name of respondent ] and that protection is necessary or desirable to obtain or provide money.

The court will furnish a Special Verdict Form to assist you in your duties. Your answers to the questions in the Special Verdict Form will assist the court in making its final disposition in this case.

Note on Use

This instruction should be preceded by the definition of clear and convincing evidence in M Civ JI 8.01.

This instruction should not be used for the appointment of a conservator for a minor’s estate and affairs under MCL 700.5401(2).

Comment

MCL 700.5401(3), .5406.

Mental illness is defined in MCL 330.1400(g). Mental incompetency is discussed in In re Swisher’s Estate, 324 Mich 643; 37 NW2d 657 (1949) and cases cited therein.

History

M Civ JI 172.11 was added January 1985. Amended June 2000.​