M Civ JI 172.12 Termination of Conservatorship of an Adult

The conservatorship of [ name of protected person ] will be terminated by the court unless the respondent 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 protected person ] continues to be unable to manage [ his / her ] property and business affairs effectively.

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. On the applicability of the clear and convincing standard for termination of conservatorships established before April 1, 2000, see MCL 700.8101(2)(b).

This instruction should not be used for the termination of a conservatorship for a minor’s estate and affairs. See MCL 700.5401(2).

Comment

MCL 700.5431.

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 172.12 was added January 1985. Amended June 2000.​ Amended October 2018.