What may constitute a breach of fiduciary duty in guardianship?

A breach of fiduciary duty in guardianship occurs when a guardian fails to uphold their responsibility to act in the best interests of the ward or misuses the ward's assets. This duty is fundamental because the guardian is entrusted with managing the ward's personal and financial affairs, which requires a high level of trust and accountability.

When a guardian does not prioritize the needs and best interests of the ward, they can potentially cause harm or financial loss, thereby violating the ethical and legal obligations inherent in their role. Additionally, misusing the ward's assets for personal gain or purposes not aligned with the ward's best interests constitutes a severe breach of this duty, as the guardian has a fiduciary responsibility to manage those assets prudently and responsibly.

Choosing to act in the best interests of the ward or consulting relatives may be seen as part of fulfilling obligations, while failing to keep adequate records, although important, is more about due diligence rather than the essence of fiduciary responsibility. Therefore, the correct response specifically highlights the two critical aspects that define a breach: failing to act in the ward's best interests and misusing their assets.