M Civ JI 222.01 Form of Verdict: Appointment of Guardian of Adult

We, the jury, make the following answers to the questions submitted by the Court:

QUESTION NO. 1: Is [ name of respondent ] an incapacitated individual?

Answer: ____ (yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 2: Is a guardian necessary as a means of providing continuing care and supervision of [ name of respondent ]?

Answer: ____ (yes or no)

Signed,

_______________________ _______________________

Foreperson Date

Comment

The court may appoint a guardian with limited powers if it is found by clear and convincing evidence that the incapacitated individual lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself. MCL 700.5306(3). Only if it is found by clear and convincing evidence that the individual is “totally without capacity to care for himself or herself,” may the judge appoint a full guardian, but in doing so the judge “shall specify that finding of fact” in the order. MCL 700.5306(4).

History

M Civ JI 222.01 was added January 1985. Amended January 1990, June 2000, September 2025.