Since you have been named to manage money or property for someone else as that person’s representative payee or VA fiduciary, you have a special relationship with that person. Texas law calls that relationship a fiduciary relationship, and you are the fiduciary. As Roberto’s fiduciary, you owe him a high duty of good faith, fair dealing, honest performance, and strict accountability. The law requires you to manage Roberto’s money and property for his benefit, not yours. Roberto is the beneficiary, and it does not matter if you are managing a lot of money or only a small amount. It also does not matter if you are a family member or not.
The role of a fiduciary is a serious one and carries with it legal responsibilities. When you act as a fiduciary for Roberto, you have four basic duties that you must keep in mind:
- Act only in Roberto’s best interest;
- Manage Roberto’s money and property carefully;
- Keep Roberto’s money and property separate from yours; and
- Keep good records.
As a fiduciary, you must be diligent, trustworthy, honest, and act in good faith. If you do not meet these standards, you could be removed from your role as a fiduciary, sued, obligated to repay money, investigated by law enforcement officers, or even imprisoned. That is why it’s always important to remember: It’s not your money!