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Commonly Asked Questions about Fiduciary Documents

A fiduciary is someone who manages money or property for someone else. When youre named a fiduciary and accept the role, you must by law manage the persons money and property for their benefit, not yours.
Some people are surprised to learn that even a lay person when acting as an Agent under another persons Power of Attorney can under current California law be held to account under the same Standards of Care as a paid professional Fiduciary, even when acting on behalf of a close relative.
Fiduciary Relationship Between Trustee and Beneficiary Under a trustee/beneficiary duty, the fiduciary has legal ownership of the property or assets and holds the power necessary to handle assets held in the name of the trust. In estate law, the trustee may also be known as the estates executor.
A fiduciary holds a position of trust over another person. With a power of attorney, for example, a fiduciary may have to make financial or health care decisions for a principal. The law requires them to act in good faith in the interest of the principal above all other concerns.
The most common fiduciary relationships involve legal or financial professionals who agree to act on behalf of their clients. A lawyer and a client have a fiduciary relationship. So do a trustee and a beneficiary, a corporate board and its shareholders, and an agent acting for a principal.
A Fiduciary File is just that. A file, or more likely a digital folder, that holds all the relevant plan-related documents and governance-related files that define roles, set criteria, document benefits, and demonstrate procedural prudence.
A fiduciary is entrusted with the authority to act on behalf of another person or entity and has a legal and ethical obligation to act in their best interests.
A Fiduciary is a person or an institution you choose to entrust with the management of your property. Included among Fiduciaries are Executors and Trustees. An Executor is a person you appoint to settle your estate and to carry out the terms of your Will after your death.