Understanding a Guardian's Fiduciary Duties
Gary De Pury

Taking on the role of a guardian for a loved one facing serious health challenges can feel overwhelming. It's important to understand your responsibilities, especially fiduciary duties, which will enable you to fulfill your role with care and integrity.

Document Decisions

Keeping detailed records of every decision and change in care or living arrangements is crucial. Consider using journals, spreadsheets, or apps to maintain accuracy and transparency.

Report Regularly

Guardians are generally required to provide regular updates to the court. These updates should encompass the ward’s well-being, healthcare status, and any significant developments in their living conditions.

Avoid Conflicts of Interest

It's vital to identify and avoid any conflicts of interest. Even the appearance of personal gain at the expense of your ward can be problematic. Seek legal or professional advice when in doubt.

Differentiate Roles

Understand the difference between a guardian and an executor. While a guardian makes decisions for someone living, an executor acts after someone has passed. Though one person can hold both roles, their duties and timing are distinct.

Guardianship is a serious and noble commitment. While you're not expected to know everything at the start, understanding fiduciary duty is a critical initial step. Remember, you're not alone in this journey, and support is available to help you navigate your responsibilities.