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Fiduciary Responsibility

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Definition

  • A guardian, also known as a ‘fiduciary steward’, is a competent adult who acts on behalf of another person who lacks present capacity for moral agency.
  • “Guardianship may arise from natural relationships (e.g., parent-child, close family ties with disabled persons), contractual arrangements, or community customs. Guardians are bound by [the Legal Principle], must act in the incapacitated Person’s best interest, and are subject to review by impartial arbitration upon reasonable challenge.” Stephan Kinsella
  • There are some grey areas relating to fiduciary duty, including the question of when a child becomes a competent adult such that the fiduciary duty of the care-giver ends?
  • Breaching a Fiduciary Duty is one of the 9 forms of aggressing (a breach of the Legal Principle).

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