What Fiduciary Duty Means (and What It Doesn't)

When choosing a financial advisor to work with, it’s important to ask whether they are a fiduciary. Advisors who are required to adhere to a fiduciary duty are held to different ethical standards than those who are not. Knowing what fiduciary duty entails and when an advisor is bound to fulfill that duty can help you better understand how a financial professional can help you build your financial future.

Consider asking a financial advisor about how to structure your investment strategy to meet your retirement, taxation and estate planning needs.

What Is Fiduciary Duty?

Fiduciary duty is a legal and ethical obligation requiring one party to act in the best interests of another. In the financial world, this typically applies to financial professionals, such as financial advisors, trustees and lawyers.

When a financial advisor is a fiduciary, they are bound by law to make decisions and provide advice that prioritizes their clients’ needs above their own personal or financial gains. This standard ensures that any recommendations made are intended solely to benefit the client.

A fiduciary relationship is built on trust, loyalty and transparency. Fiduciaries are required to avoid conflicts of interest, disclose all relevant information to their clients and maintain a standard of care that ensures the client’s needs are met to the best of their ability.

For instance, an advisor with a fiduciary duty must provide full disclosure if they are recommending a product from which they receive a commission. This allows the client to make an informed decision. This accountability helps foster a greater sense of trust and reliability in the advisor-client relationship.

History of Fiduciary Duty

The establishment of fiduciary duty in financial advising gained significant momentum with the creation of the Investment Advisers Act of 1940. This act was introduced as part of a broader effort to regulate the financial industry in response to the Great Depression. This new process was designed to protect investors from fraud and mismanagement.

In 2019, the SEC released its interpretation of the Investment Advisers Act. The Act provided new clarity on the two primary components of fiduciary duty: duty of care and duty of loyalty.

Duty of Care

The duty of care standard for fiduciaries has three parts. Advisors who exercise fiduciary duty must:

Act and provide advice that’s in their client’s best interest.
Seek the best execution of transactions on their client’s behalf.
Provide advice and monitoring as part of the client-advisor relationship.

Duty of care requires advisors to be informed and take an interest in their clients’ needs.

For example, a fiduciary will ask you about your investing goals before helping you build a portfolio with the appropriate asset allocation for your needs. They offer financial advice that’s tailored to your needs and situation, updating your financial plan as needed if you experience major life changes, such as a divorce or job loss.

In shaping their advice, fiduciaries are obligated to offer advice that’s designed to produce the best outcomes for you. When making investment transactions, such as buying or selling investments, fiduciaries are required to do so in a way that offers the most favorable costs and value.

Duty of Loyalty

Duty of loyalty requires an advisor to put their client’s interests first. This means that fiduciaries cannot promote their own interests ahead of their clients or play favorites with their clients.

Specifically, fiduciaries must disclose any potential conflicts of interest to their clients. They must actively seek to avoid conflicts of interest whenever possible.

Fiduciaries disclose conflicts of interest using Form ADV, which must be filed with the Securities and Exchange Commission (SEC). This public document includes:

The advisor’s fee schedule and how they’re paid
Conflicts of interest
Educational and business background of the advisor and/or key personnel of an advisory firm
Previous disciplinary actions

These forms can be accessed by investors through the Investment Adviser Public Disclosure website.

Who Is a Fiduciary?

Investment advisors discussing a portfolio.

Within the field of investment advice, a fiduciary is an individual or an advisory firm registered with the SEC. These advisors or firms are known as registered investment advisors (RIAs). And they’re required to follow fiduciary duty rules and must file Form ADV to complete their registration.

Broker-dealers, on the other hand, have traditionally followed a different set of guidelines. In June 2019, the SEC adopted Regulation Best Interest. Applying to broker-dealers, this rule requires them to act in their clients’ interests first. It also imposes a stronger set of guidelines than the suitability standard they previously followed. That standard dictated that broker-dealers were only required to recommend investments that were suitable for their clients, not necessarily ones that were in their best interests.

In a broader sense, a fiduciary can be anyone who’s held to a higher standard when it comes to managing finances or making financial decisions on someone else’s behalf. There are several financial professionals who may act as a fiduciary.

Trustees
Executors of a will
Corporate board members and shareholders
Legal guardians
Attorneys
Investment corporations

These individuals and entities are subject to legal and ethical rules that dictate how they can and cannot act when managing another party’s finances.

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Fiduciary Duty Myths

There are a few misconceptions concerning the exact requirements for fiduciary duty

First, it’s a misconception that fiduciaries are always required to recommend the lowest-cost investment. In reality, fiduciaries are only obligated to recommend investments if they are in a client’s best interests and if the terms of the investment are clearly communicated to them. This means an investment may create more immediate costs. However, it may also carry a greater potential return that better matches your overall goals.

Another myth is that using a fiduciary to manage your money guarantees higher returns, but this is not the case. The stock market is risky by nature. And even though a fiduciary advisor may be experienced, they cannot predict the future. It’s always possible that an investment recommendation may not work out as planned, and you could lose money. For this reason, it’s imperative that you have the right risk tolerance to support your investment strategy.

Breach of Fiduciary Duty

If fiduciaries don’t follow the rules set down for them by the SEC, they could be committing a breach of fiduciary duty. For example, an advisor may recommend an investment to you based not on how well it serves a purpose in reaching your investment goals, but on the commission fee they stand to earn by selling it.

If you believe an advisor has breached their fiduciary duty, there are steps you can take. Specifically, you may be able to file a civil lawsuit for negligence or damages, depending on the type of breach.

The fiduciary laws in your state may also spell out a course of action you can follow if you believe your advisor overstepped their bounds.

Why Some Investors Specifically Seek Fiduciary Advisors

Many investors seek fiduciary advisors because the legal standard requires them to place their client’s interests ahead of their own. This requirement can create a clearer framework for delivering advice, especially when incorporating complex goals or long-term financial planning.

A fiduciary advisor must disclose conflicts of interest, explain how they are paid and provide recommendations meant to support the client’s stated objectives. This structure can help investors feel more confident in how decisions are being made, particularly when evaluating investments, planning for retirement or coordinating tax-related strategies.

Some investors also prefer the ongoing monitoring and documentation that fiduciaries are obligated to provide. The duty of care standard requires a fiduciary to adjust recommendations when circumstances change, which can be useful during major life events or market shifts.

Another reason investors choose fiduciary advisors is the added transparency around fees. Because fiduciaries must outline their compensation clearly, clients can evaluate whether the cost of service is worth it for the scope of advice being offered.

While no advisor can guarantee results, the fiduciary standard offers a defined set of responsibilities supporting long-term planning while also helping ensure clients receive advice aligned with their financial goals.

Bottom Line

The fiduciary duty applies to registered investment advisors (RIAs), holding these financial professionals to a different legal and ethical standard when managing client relationships. It’s important to be aware that not every advisor is a fiduciary. And not every fiduciary will act in their clients’ best interests, despite the regulations put in place.

When searching for a financial advisor, be sure to ask whether fiduciary duty applies. This can help you find the right professional to help shape your financial strategy.

Tips for Investing

A financial advisor can help you evaluate different investment opportunities and build a portfolio of assets. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area. You can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
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