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PETITION FOR INCAPACITY. ____ Petitioner's name, age and address – FS 744.3201(2)(a).The following checklist is based on MCL 700. 5303 and MCL 700.5306. May appoint a Guardian Ad Litem to represent the interests of an incapacitated person. DEPENDENCY STATEMENT - INCAPACITATED CHILD OVER AGE 21. In Section 75-5-202. 5, appoint a guardian of the incapacitated person. A person may petition the court to become guardian of an adult who is deemed incapacitated or of a minor who does not have the care from a parent. Learn about guardianship, the legal proceeding in which a guardian exercises the legal rights of an incapacitated person or a minor child.