Understanding a Guardian’s Fiduciary Duties

Patrick Dollar
Dec 17 2025 16:00

Becoming a guardian can be an overwhelming responsibility, especially if it involves caring for a loved one facing health challenges. Our goal is to provide clarity and confidence by focusing on a crucial aspect of guardianship: fiduciary duty. Understanding this duty will help you fulfill your role with care and integrity across South Carolina.

Document Decisions

Keep detailed, clear records of all decisions, actions, and changes in care or living arrangements. Using journals, spreadsheets, or apps can help maintain accuracy and transparency. This ensures you are prepared for any questions regarding your actions, which is vital under South Carolina guardianship laws.

Report Regularly

Guardians are typically required to provide regular updates to the court. These reports should include the ward’s well-being, healthcare status, living arrangements, and any major developments. Regular reporting demonstrates your commitment to the ward's best interests and compliance with South Carolina fiduciary responsibilities.

Avoid Conflicts of Interest

It's essential to avoid conflicts of interest. Even the appearance of benefiting personally at the ward’s expense can be problematic. If you're uncertain, seek legal or professional guidance to ensure your decisions remain unbiased and in the best interest of the ward according to South Carolina guardianship rules.

Differentiate Roles

Understand the difference between a guardian and an executor of a will. A guardian makes decisions for someone living, while an executor acts after someone has passed. Though one person may fulfill both roles, their duties and timing are distinct.

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 to discuss your responsibilities or require support, feel free to reach out. Remember, you’re not alone, and there are resources available to help you navigate this process.