Being named a guardian for a loved one with serious health challenges or diminished capacity can feel overwhelming. At Casterline Law, we help families across Southeast Michigan step into this role with clarity and confidence—so you can focus on care while we help with the court-side details. 

 

Guardian vs. Conservator (and Where Each Fits)

In Michigan, guardians handle personal decisions (healthcare, living arrangements, day-to-day wellbeing). Conservators manage money (income, assets, bills). Sometimes one person serves in both roles, but the responsibilities are different and created through the Probate Court. 

 

Document Decisions (and Keep Great Records)

Good recordkeeping is the backbone of fiduciary duty. Keep a dated log of medical updates, placement changes, and major care decisions. If you also serve as conservator, maintain receipts, statements, and a running ledger—those documents make annual court filings straightforward. Local courts even publish step-by-step accounting checklists you can follow.

Report Regularly to the Court

Michigan requires annual reporting:

• Guardians file the Annual Report of Guardian on Condition of Legally Incapacitated Individual (PC 634)—generally within 56 days of the anniversary of your appointment. The report must also be served on specific “interested persons” under the court rules.

• Conservators file an Annual Account of Fiduciary (PC 583/PC 584) documenting all income, expenses, and remaining assets—again on a yearly cycle.

Avoid Conflicts of Interest

Your duty is to act solely in the ward’s best interests. Don’t use the role to benefit yourself (or appear to). If a situation could be a conflict—like paying yourself from the ward’s funds or renting the ward’s home to a relative—pause and get guidance before acting. We can help you structure court approvals and documentation to stay compliant.

 

Differentiate Roles: Guardian vs. Executor

A guardian makes decisions for a living person. An executor/personal representative administers an estate after death. It’s possible to be both for the same person at different times, but the legal authority, timelines, and filings are not the same. If your loved one passes away while you’re serving as guardian or conservator, talk to us immediately about next steps in probate.

You Don’t Have to Do This Alone

From preparing the necessary court forms, to fielding tough care decisions, our team makes the process manageable and court-compliant. We serve families throughout Michigan from our St. Clair Shores and Clinton Township offices (with same-day and virtual appointments available). 

Have questions about your responsibilities—or a deadline coming up?

 

Would you like to avoid Probate?  

Our office will explore all of your options, many of which will avoid having to open a case in the probate court. Yes, avoiding probate is worth exploring in this area of law as well as avoiding probate in decedent's estates

 

Call (586) 493-0400 or visit us at 24053 Jefferson Avenue, St. Clair Shores, MI 48080 to schedule a consultation. (casterlinelaw.com)

 

This article provides general information for Michigan guardians; it isn’t legal advice. For guidance on your specific case, please contact Casterline Law.