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Understanding a Guardian's Fiduciary Duties

If you've recently taken on the role of a guardian for a loved one facing serious health challenges or diminished capacity in Walnut Creek, California, you may find the responsibilities overwhelming. Rest assured, M.S. Domingo Law Group, P.C. is here to provide clarity and confidence as you navigate this role, starting with the key responsibility of fiduciary duty.

Understanding this duty will help you fulfill your role with care and integrity.

Document Decisions

Keeping detailed, clear records of your decisions and actions is crucial. Whether it's changes in care or living arrangements, maintaining a journal, spreadsheet, or using an app can enhance accuracy and transparency. This is particularly important in estate planning in Walnut Creek.

Report Regularly

Guardians are often required to provide regular updates to the court about the ward's wellbeing, healthcare status, living arrangements, and any major developments. This accountability ensures that the ward's needs are met with fidelity in California.

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. Seek legal or professional guidance from M.S. Domingo Law Group, P.C. if you're ever uncertain, especially relevant for conflict of interest legal advice in Walnut Creek.

Differentiate Roles

Understanding the distinction between the roles of a guardian and an executor is vital. Guardians make decisions for those living, while executors act after someone has passed. Though one person may hold both roles, the duties and timing are entirely different.

Being a guardian is a serious and noble commitment. You're not expected to know everything from the start, but understanding fiduciary duty is a critical first step. If you have questions or need support navigating this process in California, don't hesitate to reach out to M.S. Domingo Law Group, P.C. Remember, you're not alone on this journey.