Understanding a Guardian’s Fiduciary Duties

David Wade

Stepping into the role of guardian for a loved one can feel both emotional and overwhelming. If you’ve recently been named a guardian for someone facing health challenges or diminished capacity, it’s completely normal to feel uncertain about what comes next. One of the most important parts of this role is understanding your fiduciary duty — and gaining clarity on this responsibility can make the entire journey feel more manageable and grounded. We’re here to help you move forward with confidence and compassion.

Document Decisions Thoughtfully

Keeping clear, detailed records is essential to fulfilling your fiduciary duty. Documenting decisions, actions, changes in care, and adjustments to living arrangements helps ensure transparency and consistency. Whether you use a journal, spreadsheet, or a digital app, the goal is accuracy and clarity. These records can also be incredibly helpful if questions arise later or when preparing reports for the court.

Understand How Guardianship Differs From Other Roles

Guardianship is often confused with other responsibilities, especially that of an executor. It’s important to know that guardians make decisions for someone who is still living, while executors manage matters only after someone has passed away. Although the same person can be appointed to both roles, the duties, timing, and expectations are entirely different. Recognizing this distinction can prevent misunderstandings and help you stay focused on your current responsibilities.

Report Regularly to the Court

Most guardians are required to provide routine updates to the court regarding the well-being of the person in their care. These reports typically cover health conditions, living arrangements, financial matters (if applicable), and any significant developments. Being diligent and timely with these reports demonstrates your commitment and ensures accountability throughout your guardianship.

Recognize and Avoid Conflicts of Interest

As a guardian, your decisions must always center on your ward’s best interests. Even the appearance of benefiting personally at their expense can cause issues. If you ever feel unsure about whether a situation might present a conflict of interest, seeking legal or professional guidance is a wise step. Staying aware and proactive helps protect both you and your loved one.

Guardianship is a serious and meaningful responsibility, and it’s completely understandable if you don’t have every answer on day one. Understanding your fiduciary duty is an important foundation — and you don’t have to navigate this alone. If you’d like to talk through your responsibilities or need help understanding the process, we’re here to support you. You’re taking on a noble role, and you’re not expected to do it without guidance.