Understanding a Guardian’s Fiduciary Duties

Michael Resko | Jan 07 2026 16:00

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Becoming a guardian for a loved one can be a daunting experience, especially when they face significant health challenges or diminished capacity. While this responsibility may seem overwhelming, understanding the key duty of fiduciary responsibility can provide clarity and confidence. Our goal is to support you in fulfilling this role with care and integrity.

Document Decisions

Keeping detailed, clear records of your decisions, actions, and any changes in care or living arrangements is essential. Utilize journals, spreadsheets, or apps to maintain accuracy and transparency, ensuring that every decision is well-documented.

Report Regularly

Guardians are typically required to provide regular updates to the court, including information about the ward’s well-being, healthcare status, living arrangements, and any major developments. These reports help demonstrate your commitment to your loved one's welfare.

Avoid Conflicts of Interest

It is crucial to identify and avoid conflicts of interest. Even the appearance of benefiting personally at the ward’s expense can be problematic. When in doubt, seek legal or professional guidance to maintain integrity in your role.

Differentiate Roles

It's important to distinguish between a guardian’s responsibilities and those of an executor of a will. Guardians make decisions for someone who is living, while executors act after someone has passed away. Though one person may hold both roles, their duties and timing are entirely distinct.

Remember, guardianship is a serious and noble commitment. While you're not expected to know everything upfront, understanding fiduciary duty is a critical first step. We invite you to reach out if you wish to discuss your responsibilities further or need support navigating this process. You're not alone in this journey.