Understanding a Guardian's Fiduciary Duties

Being named a guardian for a loved one facing serious health challenges or diminished capacity is a profound responsibility. It can feel overwhelming, but understanding your fiduciary duty will help you fulfill this role with care and integrity.

Document Decisions

Maintaining accurate records of all decisions and changes in care or living arrangements is crucial. Using journals, spreadsheets, or apps can enhance transparency and accuracy, offering a clear view of your actions and responsibilities.

Report Regularly

As a guardian, you are typically required to provide regular updates to the court. These should reflect the ward’s well-being, healthcare status, living arrangements, and any significant developments, ensuring accountability and oversight.

Avoid Conflicts of Interest

Identify and avoid conflicts of interest by ensuring that your actions always prioritize the ward's best interests. Even the appearance of personal benefit at the ward’s expense should be avoided. Seek legal or professional guidance if you're unsure.

Differentiate Roles

It's important to distinguish between the roles of a guardian and an executor of a will. While a guardian makes decisions for someone living, an executor acts after someone has passed. These roles can be held by one person, but their duties and timings are unique.

Guardianship is a serious and noble commitment, but you’re not expected to know everything upfront. Understanding your fiduciary duty is a key step. Remember, you’re not alone—reach out if you need support or guidance as you navigate these responsibilities.