Fiduciary

The word fiduciary, although typically associated with financial matters, shares its etymology with the Latin word fides, from which comes the English word fidelity.

As a noun, fiduciary is the title of a person who is empowered to act as an agent for another, in situations that require an extremely high level of integrity - particularly those in which this agent has access to large sums of money belonging to the principal (the person for whom the fiduciary is authorized to act as agent).

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The trustee who manages a trust is considered a fiduciary, as is a business adviser, the executor of an estate, a real estate agent, an attorney, or even a business entity such as a brokerage or banking institution. Essentially, a fiduciary is anyone in whom the principal places his/her trust and confidence, particularly in financial matters.

A fiduciary is expected to have and demonstrate a high level of competence as well as integrity in the matters for which s/he is responsible. A fiduciary is obliged to place the interests of the principal above his/her own in all issues relating to these matters and avoid conflicts of interest.

For example, an agent for the XYZ Insurance Company is also part-owner of an automobile rental company. As an insurance expert, he is responsible for making sure all vehicles carry coverage. As a fiduciary for the car rental company, he is obliged to shop around and find the best policy for the vehicles. Were he to simply sell a policy to himself, it would constitute a gross conflict of interest. Even if XYZ Insurance Company would be the best choice, he is ethically and legally bound to do business with a third party within the company.

Fiduciary can also be an adjective that describes the relationship between such an agent and a principal.

Mesothelioma & Asbestos Related Glossary of Legal Terms

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