Understanding a Guardian's Fiduciary Duties

Adam J. Elias

Feb 18 2026 16:00

Taking on the role of a guardian for a loved one facing serious health challenges can be daunting. You may feel overwhelmed, but it's crucial to focus on one key responsibility: fiduciary duty. Understanding this duty will guide you in fulfilling your role with care and integrity.

Document Decisions

Keeping detailed, clear records of decisions, actions, and changes in care or living arrangements is crucial. Consider using journals, spreadsheets, or apps to maintain accuracy and transparency. This documentation will provide you with a clear trail of your actions and help reassure others involved.

Report Regularly

As a guardian, you are typically required to provide regular updates to the court. These updates should encompass the ward’s well-being, healthcare status, living arrangements, and any major developments. Keeping a comprehensive report will help demonstrate your commitment to your loved one's care.

Avoid Conflicts of Interest

It's essential to identify and avoid conflicts of interest. Even the appearance of personally benefiting at the ward’s expense can be problematic. When in doubt, seek legal or professional guidance to ensure you’re acting in the best interest of the ward.

Differentiate Roles

Clearly distinguish the guardian’s role from that of an executor of a will. Guardians make decisions for someone living, whereas executors act after someone has passed away. While one person may hold both roles, the duties and timing are entirely different.

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. If you need support navigating this process in Monroe Township, New Jersey, Elias Counsel LLC offers expert guidance in guardianship and fiduciary responsibilities.

For more information or to schedule a consultation, visit eliascounsel.com or call us at (609) 655-3200. Don't journey alone; let us help you ensure the best for those you care for.