M Civ JI 172.03 Termination of Guardianship of an Adult

The guardianship of [ name of incapacitated individual ] will be terminated by the court unless the respondent shows by clear and convincing evidence that [ name of incapacitated individual ] continues to be an incapacitated individual and that a guardian continues to be necessary as a means of providing continuing care and supervision of [ name of incapacitated individual ].

An incapacitated individual is someone who is impaired by reason of [ mental illness / mental deficiency / physical illness or disability / chronic use of drugs / chronic intoxication / [ other cause ] ] to the extent that [ he / she ] lacks sufficient understanding or capacity to make or communicate informed decisions.

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 is not to be used for the termination of a guardianship of a minor (see MCL 700.5204 et seq.) or the termination of a guardianship of a developmentally disabled person (see MCL 330.1600 et seq.).

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

Comment

MCL 700.5310. Mental illness is defined in MCL 330.1400(g).

History

M Civ JI 172.03 was added January 1985. Amended January 1990, June 2000, September 2025.​