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May 5, 2022 • 6 minutes
What does fiduciary mean? If you are not sure what this word means, you are not alone. This concept is important for anyone seeking help with retirement, investments, savings, or personal finance.
A fiduciary is a person trusted to manage and protect someone’s property or money. In this relationship, the advisor holds a legal and ethical duty to act for the client’s benefit. This obligation requires putting the client’s interests ahead of all personal or financial gain.
The term comes from the Latin word fiducia, meaning “trust.” A fiduciary for you has a legal or moral duty to place your needs and interests ahead of their own. This obligation ensures they act with loyalty, honesty, and complete dedication to your financial well-being.
The word is both a noun and an adjective.
When you work with a financial advisor who has a fiduciary duty, every decision and recommendation must serve your interests. This responsibility means they act with loyalty, care, and a commitment to place your financial needs above their own.
A fiduciary financial advisor will not recommend an investment just to earn a big commission. Instead, they only recommend investments aligned with your financial goals and needs. In addition, these advisors must disclose any potential conflicts of interest, such as sales commissions or other incentives.
According to Cornell Law School’s Legal Information Institute, “A fiduciary duty is a legal duty to act solely in another party’s interests. Parties owing this duty are called fiduciaries. The individuals to whom they owe a duty are called principals. Fiduciaries may not profit from their relationship with their principals unless they have the principals’ express informed consent. They also have a duty to avoid any conflicts of interest between themselves and their principals or between their principals and the fiduciaries’ other clients.
A fiduciary duty is the strictest duty of care recognized by the US legal system.”
Fiduciaries work for the benefit of the individuals they serve, and they are responsible for avoiding “self-dealing,” or conflicts of interests in which the potential benefit to them is at odds with what is best for the person who is paying for their services.
A trustee of a trust is a common type of fiduciary. However, fiduciaries can also include people – primarily stockbrokers and financial advisors – and companies, such as banks, title firms, and attorneys.
A financial planner with this kind of responsibility is obligated to provide advice and investment recommendations that are in the best interest of their clients.
Fiduciary advisors are usually fee-only advisors, meaning you pay for the services out of pocket (as opposed to a fee structure where the advisor earns money from commissions or through managing your assets).
When it comes to serving the best interests of their clients, some financial planners and investment advisers are subject, by law, to the legal standard of fiduciary duty.
This legal obligation originates from certain federal statutes, most notably the Investment Advisers Act of 1940, a section of which generally prohibits an adviser from engaging in any practice that is fraudulent, deceptive, or manipulative.
Investment advisors typically carry Series 65 or Series 66 licenses, which are competency examinations administered by the Financial Industry Regulatory Authority (FINRA) on behalf of the North American Securities Administrators Association.
These licenses are required for anyone who intends to provide any kind of financial advice or service on a non-commission basis. Financial planners and advisers that provide investment advice for an hourly fee also fall into this category.
The exams focus on key topic areas that are important for an adviser to know when providing investment advice, including retirement planning, portfolio management strategies, and their fiduciary obligations.
One particular area of the examination requires prospective advisers to know important laws, regulations and guidelines, including a prohibition on unethical business practices.
And, fiduciaries are usually Certified Financial Planners®.
Fiduciary responsibility is vitally important when entrusting a financial planner to manage your assets. This becomes especially important as you near retirement age.
After all, it’s your wealth that’s at hand. It’s important to find the right person or institution who will preside over your assets in a way that’s in your best interests because it’s literally essential to the security of your retirement.
To ensure your finances are in the right hands, don’t be afraid to ask advisers some key questions. For example, you might ask them if they are a fiduciary full-time—some may only be fiduciaries part-time—what their licensing background is, what types of clients they generally work with and how they work with them.
Asking advisers about their fee structures and how they are compensated should also be considered, too. Fee-based advisers might charge a combination of a flat fee plus a commission, whereas commission-based advisers might have a conflict of interest since they are paid based on the products they sell you.
“If the adviser is paid based on commission, ask how he or she manages and discloses this conflict with you,” says Judy McNary of Broomfield, Colorado-based McNary Financial Planning, LLC. “If you are not comfortable with the answer, seek a different adviser. After all, it’s your money!”
Boldin offers fee only advice from a fiduciary Certified Financial Planner, made cost effective through collaborative use of the Boldin Planning tool. Book your free discovery session today.
Understanding what fiduciary means matters when choosing financial help. A fiduciary must act in your best interest—not theirs. This legal and ethical duty matters most when planning for your retirement or protecting your wealth. Always ask your advisor directly, “What fiduciary def do you follow?”, and demand transparent answers. Knowing what does the word fiduciary mean gives you clarity and confidence in your financial relationships.
A: It means someone legally and ethically must act in another person’s best interest. This is the highest level of care.
A: Under the Investment Advisers Act, advisors with Series 65 or CFP® credentials must follow a strict fiduciary standard.
A: It means your advisor must avoid conflicts and choose solutions that best serve your goals—not their commissions.
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