Herbert Ryder
Understanding a Guardian’s Fiduciary Duties

When you're named as a guardian for a loved one facing serious health challenges or diminished capacity, it can feel overwhelming. However, understanding your fiduciary duty can help you fulfill your role with care and integrity. Let's explore this key responsibility and how you can navigate it with confidence.

Document Decisions

Keeping detailed and clear records of decisions, actions, and any changes in care or living arrangements is crucial. This documentation can be done using journals, spreadsheets, or apps that ensure accuracy and transparency.

Report Regularly

Guardians are typically required to provide regular updates to the court, detailing the ward’s well-being, healthcare status, living arrangements, and any major developments. These reports help maintain accountability.

Avoid Conflicts of Interest

It's important to identify and avoid conflicts of interest. Even the appearance of benefiting personally at the ward’s expense can be problematic. Seek legal or professional guidance if you're uncertain.

Differentiate Roles

A guardian's role is distinct from that of an executor of a will. Guardians make decisions for someone living, while executors act after a person has passed. Although one person may hold both roles, their duties and timing differ entirely.

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 support or further discussion of your responsibilities, don’t hesitate to reach out. You’re not alone on this journey.