Understanding a Guardian’s Fiduciary Duties | Ryan & Rouse

Stepping into the role of guardian for a loved one can feel overwhelming, especially if they’re facing serious health challenges or diminished capacity. If you’re navigating this responsibility for the first time, it’s completely natural to feel unsure of where to begin. One of the most important parts of this role is understanding your fiduciary duties—responsibilities that help you act with care, integrity, and your loved one’s best interests at heart.

Your fiduciary duty is the foundation of guardianship, and gaining clarity on what it means can help you move forward with confidence and compassion.

Keep Clear and Detailed Records

Guardians are expected to document decisions and actions thoroughly. Whether you adjust care plans, make financial choices, or change living arrangements, keeping accurate records is essential. Using journals, spreadsheets, or digital apps can help you stay organized and transparent.

Understand the Difference Between Guardian and Executor Roles

It’s common to confuse guardianship with the responsibilities of an executor, but the two roles are completely different. A guardian makes decisions for someone who is still living, while an executor manages affairs after someone has passed. Although one person may be appointed to both roles, each comes with its own purpose and timeline.

Avoid Conflicts of Interest

Part of your fiduciary duty is making sure your decisions always benefit the person you’re caring for—not yourself. Even the appearance of personal gain can create problems. When in doubt, seek legal or professional guidance to ensure your actions remain aligned with your responsibilities.

Provide Regular Reports

Most guardians are required to give routine updates to the court. These reports typically cover your loved one’s wellbeing, healthcare status, financial condition, living situation, and any significant developments. Staying proactive with your documentation makes this step much easier.

Guardianship is a serious but deeply meaningful commitment. You’re not expected to know everything on day one, and learning about fiduciary duty is an important first step. If you’d like to talk through your responsibilities or need guidance as you navigate this process, support is available.

Above all, remember that you’re not alone—you’re taking thoughtful steps to protect someone you care about, and that matters.