M Civ JI 172.02 Appointment of Guardian of an Adult

A guardian and a standby guardian may be appointed by the court for [ name of respondent ] if the petitioner proves by clear and convincing evidence that:

(a) [ name of respondent ] is an incapacitated individual and

(b) a guardian is necessary as a means of providing continuing care and supervision of [ name of respondent ].

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 appointment of a guardian of a minor (see MCL 700.5204 et seq.) or the appointment of a guardian 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 700.1105(a), .5303, .5304, .5306.

Mental illness is defined in MCL 330.1400(g).

1998 PA 386, the Estates and Protected Individuals Code (EPIC), changed the term “legally incapacitated person” in prior law (MCL 700.8) to “incapacitated individual” and altered the definition by deleting the words “concerning his or her person” from the phrase “… to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.” MCL 700.1105(a).

The April 2024 amendment is a housekeeping change relevant to EPIC Omnibus legislation, 2024 PA 1. A newly added section, MCL 700.5301c, allows the court to designate one or more standby guardians when a guardian is appointed.

History

M Civ JI 172.02 was added January 1985. Amended January 1990, June 2000, April 2024, September 2025.​