What constitutes a breach of a guardian's fiduciary duty?

A breach of a guardian's fiduciary duty occurs when the guardian fails to act in the best interests of the ward and instead engages in self-serving behavior. When a guardian uses the ward's assets for personal expenses, it directly violates the responsibility they have to manage the ward's finances and property with integrity and care. Guardians are obligated to prioritize the needs and well-being of the ward, ensuring that the ward's resources are used solely for their benefit. Using the ward's assets for personal expenses undermines this trust and can lead to legal consequences for the guardian, as it is a clear misuse of their position.

In contrast, following the advice of the ward, consulting with professionals regarding the ward's needs, or seeking permission from the court before making significant decisions are all behaviors that can demonstrate a guardian's compliance with their duties, showing a commitment to transparency and seeking the best outcome for the ward.