Understanding a Guardian’s Fiduciary Duties

Becoming a guardian for a loved one facing declining health or diminished capacity is a deeply personal responsibility. It can feel overwhelming at first, and that is completely normal. The goal of this blog is to offer clarity and confidence by focusing on one of your most important obligations: fiduciary duty. Understanding what this means can help you navigate your role with care, integrity, and peace of mind.

Avoid Conflicts of Interest

As a guardian, every decision you make must be in the best interest of the person you’re caring for. Even the appearance of benefiting personally from your decisions can raise concerns. If you ever feel unsure about a situation, seeking legal or professional guidance can help you move forward responsibly.

Document Decisions Thoroughly

Keeping accurate records is essential. Whether you prefer journals, spreadsheets, or digital apps, detailed notes about decisions, actions, changes in care, or shifts in living arrangements help maintain transparency and protect both you and your loved one.

Differentiating Your Role From an Executor

Guardianship involves making decisions for someone who is still living, while an executor carries out someone’s wishes after they have passed. These roles can sometimes be held by the same person, but their responsibilities and timing are completely distinct. Understanding the difference helps you stay focused on the duties at hand.

Reporting Regularly to the Court

Most guardians are required to provide ongoing updates to the court. These reports typically include information about the ward’s health, living arrangements, well-being, and any significant developments. Consistent reporting helps ensure accountability and reinforces trust in your stewardship.

Taking on guardianship is both a serious and noble commitment. You are not expected to know everything on day one, and no one walks this path alone. Understanding fiduciary duty is an important first step toward serving with confidence and compassion. If you’d like help navigating your responsibilities or simply want to talk through your next steps, we’re here to support you.