Understanding a Guardian’s Fiduciary Duties

Stepping into the role of guardian for a loved one facing serious health challenges or diminished capacity can feel overwhelming. It’s natural to worry about making the right decisions or honoring their needs in the best way possible. One of the most important parts of this responsibility is understanding your fiduciary duty—an essential guide that helps you act with care, integrity, and confidence as you support someone who depends on you.

Avoid Conflicts of Interest

As a guardian, your decisions must always prioritize the well-being of the person in your care. This includes avoiding situations where you might benefit personally from a decision you make on their behalf. Even the appearance of a conflict of interest can create challenges, so when in doubt, seeking legal or professional guidance is a wise step.

Document Decisions Carefully

Keeping clear and detailed records is one of the most practical ways to honor your fiduciary duty. Whether you use a notebook, spreadsheet, or a digital app, tracking decisions, changes in care, expenses, and updates to living arrangements helps ensure transparency and protects both you and your ward.

Understand How Roles Differ

It’s also important to recognize that being a guardian is very different from serving as an executor of a will. Guardians make decisions for someone who is still living, while executors manage affairs after someone has passed. Although one person can serve in both roles, the responsibilities and timing do not overlap.

Report Regularly to the Court

Most guardians are required to provide regular updates to the court. These reports often include information about the ward’s health, living situation, major decisions, and overall well-being. Staying organized throughout the year makes preparing these reports much easier and more accurate.

Taking on guardianship is a meaningful and noble commitment. You’re not expected to have all the answers right away, and learning about fiduciary duty is an important first step toward feeling more grounded in your role. If you’d like to talk through your responsibilities or need support navigating any part of the process, we’re here to help. You’re not alone on this journey.