Understanding a Guardian’s Fiduciary Duty

Stepping into the role of guardian for a loved one—especially when they’re facing serious health challenges or diminished capacity—can feel overwhelming. If you’ve recently been named a guardian, you may be carrying a mix of responsibility, concern, and uncertainty. That’s completely natural. This blog is here to offer clarity and confidence by focusing on one of the most important parts of your new role: fiduciary duty. Understanding what this means can help you navigate your responsibilities with care, integrity, and peace of mind.

Document Decisions Carefully

One of the strongest foundations of good guardianship is thorough documentation. Keeping clear, detailed records of decisions you make—along with notes about care plans, financial actions, or changes in living arrangements—helps protect both you and the person you’re supporting. Whether you prefer a journal, a spreadsheet, or a digital app, consistent recordkeeping ensures transparency and accuracy.

Fulfill Reporting Obligations

Most guardians are required to report regularly to the court. These updates typically cover the ward’s well‑being, healthcare status, daily living arrangements, and any significant developments. These reports help demonstrate that decisions are made in the ward’s best interest and that ongoing needs are being met.

Recognize and Avoid Conflicts of Interest

Because guardians hold such an important position of trust, it’s essential to avoid any situation that may benefit you personally at the ward’s expense. Even the appearance of a conflict of interest can create problems. If you’re ever unsure whether a decision may cross that line, seeking legal or professional guidance is a wise step.

Understand How a Guardian Differs from an Executor

Guardianship and executorship are often confused, but they’re very different roles. A guardian makes decisions for someone who is still living and needs support. An executor, on the other hand, carries out someone’s wishes after they’ve passed. While some people may serve in both capacities, the timing and responsibilities are entirely separate.

Taking on guardianship is a meaningful and noble commitment. You aren’t expected to know everything on day one, and it’s okay to ask questions or need help. Understanding fiduciary duty is an important first step in ensuring your loved one receives the thoughtful, ethical care they deserve.

If you’d like to discuss your responsibilities or need support navigating the process, we’re here to help. You’re not alone as you move forward in this role.