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What is a Fiduciary?

What is a fiduciary? A fiduciary is a person or firm legally obligated to act in a client’s best interest. That duty generally includes the duty of loyalty (put the client first, avoid or fully disclose/manage conflicts) and the duty of care (provide prudent, well-informed advice based on the client’s goals, risk, and circumstances).

Questions about fiduciary vs. suitability?

Get a clear, no-pressure review of how advice standards apply to your situation—investments, annuities, Medicare timing, and more.

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Who Owes a Fiduciary Duty?

  • SEC-registered investment advisers (RIAs) typically have an ongoing fiduciary duty to advisory clients.
  • ERISA plan fiduciaries (e.g., some retirement plan decision-makers) owe fiduciary duties to plan participants.
  • Trustees, executors, attorneys-in-fact act as fiduciaries within their legal roles.

Fiduciary vs. Best Interest vs. Suitability (What’s the Difference?)

“Best interest” and “suitability” are not identical to a full common-law fiduciary duty. Here’s a simplified comparison:

Standard Who Uses It Conflict Handling Scope
Fiduciary Duty (Loyalty & Care) SEC RIAs; certain ERISA roles Must avoid or fully disclose & manage conflicts; client first Ongoing advisory relationship
Reg BI “Best Interest” Broker-dealers for recommendations Mitigate/disclose conflicts; not a blanket ongoing fiduciary duty At the time of each recommendation
Suitability Traditional brokerage/insurance in some contexts Conflicts may exist; product must be “suitable” for the client At the time of sale/recommendation
NAIC Annuity Best Interest Insurance producers (state-adopted model) Requires acting in the consumer’s best interest with disclosures Annuity recommendations at time of sale

What a Fiduciary Process Looks Like

  • Client-first mandate: Clarify goals, constraints, time horizon, risk capacity, taxes, liquidity.
  • Prudent methodology: Use documented, repeatable analysis; compare alternatives.
  • Conflict management: Identify, disclose, and manage conflicts; align compensation where possible.
  • Ongoing monitoring: Re-evaluate recommendations as circumstances and markets change.

How Diversified Insurance Brokers Fits

Diversified Insurance Brokers is an independent insurance brokerage. We do not offer securities or provide investment advice. For clients who want fiduciary portfolio management, we facilitate introductions to an independent SEC-registered investment adviser that operates under a fiduciary duty. On the insurance side (annuities, life, LTC), we follow state best-interest and suitability rules, compare 100+ carriers, and present options transparently so you can decide what best supports your plan.

When a Fiduciary May Matter Most

  • Complex coordination (investments, taxes, Social Security, Medicare, annuities)
  • High stakes—retirement income, portfolio withdrawals, survivor benefits
  • Desire for documented process, conflict disclosure, and ongoing oversight
Helpful resources:

FAQs: What Is a Fiduciary?

Is “fiduciary” the same as “fee-only”?
Not exactly. Many fiduciary RIAs are fee-only, but “fiduciary” refers to the legal duty to put clients first. Compensation models vary—always ask how your adviser is paid.
Can an insurance professional be a fiduciary?
Insurance producers generally follow the NAIC Annuity Best Interest model (as adopted by states) rather than a broad fiduciary duty. Some professionals also hold RIA registrations separately—ask how roles are delineated.
Does Reg BI make my broker a fiduciary?
No. Reg BI is a best-interest standard for recommendations, not an ongoing common-law fiduciary duty across the entire relationship.
How do I confirm fiduciary status?
Ask your adviser to state in writing whether they act as a fiduciary at all times for your account, how they are compensated, and how conflicts are disclosed/managed.

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