Being named as a guardian for a loved one facing serious health challenges or diminished capacity can be overwhelming. However, understanding your fiduciary duties can provide you with the clarity and confidence needed to fulfill your role with care and integrity.

Document Decisions

It's crucial to keep detailed records of decisions, actions, and any changes in care or living arrangements. Utilize journals, spreadsheets, or apps to maintain accuracy and transparency. For those in California, it’s important to comply with state laws regarding estate planning and guardianship responsibilities.

Report Regularly

Guardians are often required to provide regular updates to the court. These should include information about the ward’s well-being, healthcare status, living arrangements, and any significant developments. Working with a California estate planning attorney can ensure compliance with local regulations.

Avoid Conflicts of Interest

Identify and avoid any conflicts of interest. Even the appearance of benefiting personally at the ward’s expense can be problematic. California law has specific guidelines on fiduciary duty, and it's wise to seek legal or professional guidance if you're unsure.

Differentiate Roles

Clearly distinguish between the role of a guardian and that of an executor of a will. Guardians make decisions for someone living, while executors act after someone has passed away, and their duties and timing are entirely different.

Remember, guardianship is a serious and noble commitment. You’re not expected to know everything upfront, but understanding fiduciary duty is a critical first step. If you need to discuss your responsibilities further or need support navigating the process, considering a consultation with Wade Law Corporation may be beneficial. Remember, you’re not alone in this journey.