Fiduciary
A fiduciary is an expert in the services provided. So a fiduciary has a legal responsibility for your welfare.
- fiduciary has scope to exercise some power or discretion
- fiduciary can unilaterally exercise of power or discretion in a way that affects the beneficiary’s legal or practical interests
- the beneficiary is vulnerable to or at the mercy of the fiduciary
An agent has a position of financial trust and must
- act in your best interest
- avoid conflicts of interest
- protect your privacy and confidentiality
Advisor: discretion, power, special skills
You: trust in advisor, vulnerability
Advisors licensed to sell life insurance have a legal responsibility for your welfare for the services they provide because they have more knowledge and expertise than you do regarding insurance.
An advisor is required to
- advise honestly and in good faith
- disclose the potential or real conflicts of interest
- perform duties
- diligently
- competently
- professionally
- maintain confidentiality
Fiduciary Duty
- you expect your advisor to act on your benefit
- your advisor has legal responsibility for your welfare for the services provided
- responsibility of confidentiality and trust since the advisor has more knowledge and expertise about insurance than you do
- creates a fiduciary relationship between the parties, as with
- lawyer/client
- doctor/patient
- parent/child
This brief summary cannot capture the variations for
- different designations
- different jurisdictions
This is primarily for residents of Ontario, Canada.
page revision: 12, last edited: 23 Sep 2007 19:49