Elder Law Issues

Elder Law Issues


What is a Fiduciary?

July 21, 2019

You may have heard or read the term: fiduciary. But what is a fiduciary?

In this podcast episode, we go through some of the kinds of relationships that are included. The term covers at least these:

A conservator of a living person's estate (which can sometimes include someone acting as if they were the conservator, even though never court-appointed)
A personal representative (what was often called an executor under prior law and terminology)
A guardian of the person
An agent operating under a power of attorney (sometimes referred to as an "attorney-in-fact")
Pretty much anyone acting on behalf of another person

Being a fiduciary can be challenging -- even hard -- work. Understand what job you're assigning before you sign your will, trust or power of attorney.