Estate Planning Glossary

fiduciaryn.

also known asfiduciary duty
  1. A person legally required to act in someone else's best interest, with duties of loyalty and care. It is the highest standard the law imposes.

  2. A fiduciary is a person or entity entrusted to act for the benefit of another, bound by duties of loyalty, good faith, prudence, and care. Trustees, personal representatives, agents under powers of attorney, guardians, and conservators are all fiduciaries.

    Fiduciary duty is the strictest standard the law imposes on a relationship. A fiduciary must put the beneficiary's interests ahead of their own, avoid conflicts and self-dealing, keep accurate records, and account for their actions.

Colorado & Wyoming notes

Fiduciary standards in Colorado are spread across the probate, trust, and power-of-attorney provisions of C.R.S. Title 15; Wyoming's equivalents appear in Titles 2, 3, and 4. Breach of fiduciary duty can lead to personal liability and removal in both states.