What is a Fiduciary?

I had a prospective client inquire the other day about my fiduciary duty. What is my fiduciary duty in my profession and why would a prospective client care?

A fiduciary duty can be defined as the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person who he owes the duty (the principal) and must not put his own interests ahead of the principal. Personally, I expect this type of care any time I am entering into an agreement with someone to oversee something of value for me. I have also aligned myself with professional organizations and standards boards that require this level of professional conduct. Unfortunately, it can be difficult to find professionals who will agree to this level of care. We are all inherently selfish beings and tend to look out for ourselves first.

Regulations in the financial world allow for various types of arrangements between professionals and clients. Not all of these arrangements require the financial professional to act as a fiduciary. Because of the sensitive nature and the significance of financial matters in all of our lives, I encourage anyone I come in contact with to consider the types of arrangements they enter into with various professionals to ensure that their needs are being considered first instead of someone else's needs. Feel free to contact me if you are ever in question about a financial relationship and how it should be structured, considering all involved. I have also included a list of valuable websites on this blog that provide resources for finding ethical financial professionals.

Financial Lessons Learned

With another tax season behind us and some hopeful economic signs appearing on the horizon, I've taken an opportunity to reflect a bit on the past couple years. There are some lessons that have been learned or relearned by myself and many of you out there. If you haven't learned any lessons then this post might give you some more financial insight.

1. "Good Times" can't last forever. Although we are blessed as Americans to have a unique form of government that has fostered much success and prosperity throughout our history, we are still subject to the economic ups and downs of a free market economy. If anything, we are subject to these even more than some more socialist or heavily regulated economies.

2. Freedom isn't free. Somewhat related to my previous point, we have to pay a price for the "ups" in our economic cycles with the "downs" that inevitably follow. More government involvement in our economic lives my flatten these cycle out a bit, but the price of more government is less freedom.

3. There is a cost to everything. The recent downturn has brought out a sort of panic reaction which says we need to pull ourselves out of this downturn--quickly and at any cost. The cost of some of the recent government legislation is very significant. It might not be immediately apparent, but we are burdening our future generations with more taxes without giving them a say in the decision. There are also costs to the substandard moral behavior which brought on much of this crisis. The cost has been severe and not just to those who acted unethically.

4. Economic cycles are beneficial. Although this recent recession has caused much financial pain in many people's lives, changes are often made which will pay future dividends. Companies have improved processes and removed excess costs. Families have reevaluated purchasing decisions and paid down debt. Governments have been forced to provide services more efficiently or in a more need-based manner. Many of these changes will strengthen our country to allow for future growth cycles.

5. Despite the financial challenges, we should be grateful. We are blessed with families, friendships, freedoms and opportunities that many people in the world could never imagine. Let's not forget those things because of some short-term disappointments and surprises.

Do You Need a Fiduciary?

In order to answer this question, one must first know what a fiduciary is. A simple definition is someone who puts your interests first, or someone who is working for you. Considering the importance of financial affairs in our lives, I would assume that almost anyone would want to know that his or her financial advisor was held to a fiduciary standard.

Although the perception amongst the American public is that financial advisors are working with their clients' interest in mind, this is often not the case. Brokers are not held to the fiduciary standard. Instead, they are supposed to follow a suitability standard. This standard only requires that a client is presented a suitable investment product, versus considering the clients' needs first, as a fiduciary would. As a result, investors are often paying too much for a "suitable" investment, when a lower cost alternative might be available.

The recent financial turmoil has brought this inequity to light for many more Americans. Earlier today, the House Financial Services Committee held a hearing titled, “Industry Perspectives on the Obama Administration’s Financial Regulatory Reform Proposals.” The Financial Planning Coalition, made up of like-minded financial advisors who put their clients' interests first, testified in favor of a proposal that would require all financial intermediaries who offer broad-based financial advice to be subjected to the high standards of a fiduciary. Although regulation should be carefully implemented in order to prevent too much government intervention in our economy, this new standard would be a benefit to many Americans and their financial well-being. I encourage you to contact your U.S. government representative to express your feeling if you agree.