Finding yourself named as a guardian for a loved one can be overwhelming, particularly when they face significant health challenges or diminished capacity. While this is a serious responsibility, understanding your fiduciary duty can provide clarity and confidence. This blog aims to guide you through these essential duties, ensuring you fulfill your role with care and integrity.

Document Decisions

Keeping a detailed record of your decisions, actions, and any changes in care or living arrangements is crucial. Utilize journals, spreadsheets, or apps to maintain accuracy and transparency, helping everyone involved stay informed.

Report Regularly

As a guardian, you’ll likely need to provide regular updates to the court. These should include the ward’s well-being, healthcare status, living arrangements, and any significant developments. Keeping these reports thorough and up-to-date is vital.

Avoid Conflicts of Interest

It’s important to identify and steer clear of conflicts of interest. Even the appearance of personal gain at the expense of the ward can be problematic. Seek legal or professional guidance if you’re ever in doubt.

Differentiate Roles

A guardian’s role is distinct from that of an executor of a will. Guardians make decisions for someone living, whereas executors act once someone has passed. Though one individual may hold both roles, the duties and timing differ significantly.

Reaffirming your commitment to guardianship is noble, and while you’re not expected to know everything upfront, understanding fiduciary duty is a critical step. If you need further support or wish to discuss your responsibilities, don't hesitate to reach out. Remember, you are not alone in this journey.