The Fiduciary Standard

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Raging in the financial services industry is a fierce debate over which financial professionals should be held to a fiduciary standard. The lack of application of this standard is impacting consumers in ways many are not aware. The fiduciary standard is a critical element of consumer protection and could be a defining moment in the relatively young industry of financial planning. When the fledgling medical profession voluntarily agreed to uphold the Hippocratic Oath almost two hundred years ago, a standard was set for ethics in medicine. A single fiduciary standard among financial professionals will strengthen consumer protection but this may be slow coming. In the meantime, consumers would be wise to learn how to protect their interests.

The most basic definition of the fiduciary standard is "putting the client's interest ahead of your own," said FPA member Eric Brotman, CFP®, with Brotman Financial Group in Timonium, Md. The Committee for the Fiduciary Standard outlines five principles of a fiduciary standard. To paraphrase, they are:

1. Put the client's best interests first.

2. Never mislead clients.

3. Act with prudence.

4. Avoid conflicts of interest.

5. Disclose and manage unavoidable conflicts in the client's favor.

Brotman continues explaining his basic definition, "Every decision and every piece of advice as a fiduciary must have the client's interests first, as if you were advising yourself or your family." It may come as a shock to some consumers to realize that not all providers of financial advice and services are required to put your interests first. In fact, different subsets of the industry have very different standards.

Unlike the medical profession that requires all fields of medicine to "do no harm," the...

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...to who is and is not legally required to use a fiduciary standard, "There is an extraordinarily simple way for consumers to ensure their adviser commits to meeting the fiduciary standard; get it in writing," says Rostad. "Those advisers who support the fiduciary standard will have no problem with the request."

Many investors work with multiple types of financial professionals. Between their insurance agent, estate planning attorney, accountant, investment adviser and financial planner, a consumer could be fielding advice from any number of professionals who all hold to differing standards. Whether you are evaluating a potential financial professional or reconsidering your current advisers, ask your financial professionals what standard they meet and to put it in writing. You don't have to wait for reform to make sure that your interests come first(Slabaugh, 2010)

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