Understanding a Guardian's Fiduciary Duties

Embracing the Role with Confidence

Being named as a guardian for a loved one facing serious health challenges or diminished capacity can be overwhelming. The intention of this blog is to provide clarity and assurance by focusing on a crucial aspect of guardianship: fiduciary duty. Understanding this responsibility is key to fulfilling your role with care and integrity.

Keeping Documentation: A Key Aspect

As a guardian, it's essential to keep detailed, clear records of decisions, actions, and any changes in care or living arrangements. Utilizing journals, spreadsheets, or apps can help maintain accuracy and transparency, ensuring that your actions are accountable and well-documented.

Regular Reporting to the Court

Guardians are typically required to provide regular updates to the court. These reports should include the ward’s well-being, healthcare status, living arrangements, and any significant developments. Staying on top of these updates ensures that the court remains informed and supports your guardian role.

Avoiding Conflicts of Interest

It's imperative to identify and avoid conflicts of interest in your role as a guardian. Even the appearance of benefiting personally at the ward’s expense can be problematic. When uncertain, seeking legal or professional advice can prevent conflicts and protect both you and your ward.

Understanding Your Unique Role

There is a crucial difference between being a guardian and an executor of a will. Guardians make decisions for someone still living, whereas executors act on behalf of someone who has passed away. While one person can hold both roles, their duties and timing are distinct and separate.

Guidance and Support

Guardianship is a serious and noble commitment, but you’re not expected to know everything upfront. Understanding fiduciary duty is a critical first step. If you wish to discuss your responsibilities further or need support navigating the process, don't hesitate to reach out.

Remember, you are not alone, and seeking guidance is a sign of strength that will help you care for your loved one with great integrity.