Being named a guardian for a loved one facing serious health challenges can be overwhelming. However, understanding your fiduciary duties will help you approach this noble commitment with clarity and confidence. While the role may seem daunting, focusing on key responsibilities such as fiduciary duty will enable you to fulfill your role with care and integrity.

Document Decisions

Maintaining detailed and clear records of all decisions and actions is crucial. Whether it's changes in care or living arrangements, use journals, spreadsheets, or apps to ensure accuracy and transparency. This documentation can help protect you and the interests of your ward.

Report Regularly

As a guardian, you are typically required to provide regular updates to the court. These should detail the ward's well-being, healthcare status, living arrangements, and any major developments. Regular reporting keeps the court informed and demonstrates your commitment to your fiduciary duties.

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. When in doubt, seek legal or professional guidance to navigate potential conflicts.

Differentiate Roles

Understand the difference between a guardian and an executor of a will. Guardians make decisions for someone living, whereas executors manage affairs after someone has passed. Although one person may hold both roles, the duties and timing are entirely different.

Remember, guardianship is a serious commitment. While you're not expected to know everything upfront, understanding fiduciary duty is a critical first step. Don't hesitate to reach out for further discussion or support in navigating your responsibilities. You're not alone in this journey.

This blog post is not intended as legal advice.