Fiduciary Duties and Responsibilities:
- Duty to prudently invest
- Duty to administer trust in good faith
- Duty of loyalty to the beneficiaries
- Duty of impartiality among beneficiaries
- Duty to manage costs
- Duty to exercise special skills or expertise
- Duty to protect the trust property
- Duty to keep records and keep assets separate
- Duty to pursue claims
- Duty to inform and account to beneficiaries
Exercising due diligence in maintaining fiduciary
standards of care:
- Know standards, laws, and trust provisions
- Diversify assets to specific risk/return profile of client
- Prepare investment policy statement
- Perform legal review of all service agreements and
contracts with custodians and managers
- Use "prudent experts" and document due diligence
- Control and account for investment expeneses
- Monitor the activities of "prudent experts"
- Advice to avoid conflicts of interests and prohibited
transactions
- Annual accountings and legal notices
|