Michigan law allows a probate court to appoint a guardian and/or conservator for a person who lacks legal capacity to make decisions for themselves due to health problems, injuries, illnesses, and also chronic alcohol or drug abuse.

Under the Estates and Protected Individuals Code (EPIC), MCL 700.1101, et seq, a probate court may appoint a conservator if two conditions are satisfied by clear and convincing evidence:

1. The individual is unable to manager property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, . . . and

2. The individual has property that will be wasted or dissipated unless proper management is provided (for example through a court-appointed fiduciary such as conservator. See MCL 700.5401(3)(a), (b).

In a recent case the Michigan Court of Appeals followed these provisions of EPIC and held that a conservator would be appointed for an individual who had a substantial history of drug use and dissipating substantial sums of money paid to him through family businesses. The case is In Re Jacob, unpublished Michigan Court of Appeals case # 329390, decided January 17, 2017.

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