With the recent Texas Court of Appeals decision striking down the authority of the DOL to enforce its fiduciary standard, the industry remains enmeshed in its own conflict. Some firms embraced the concept of acting in a client’s best interests for retirement accounts. Others fought it tooth and nail. What about your own clients if you are a broker and do not have to follow the DOL rule? Do you think no one is going to question you, your advice, or your commissions and fees?
With the amount of publicity generated in the long fight to get the rule passed in the first place, and the aftermath efforts to have it overturned, the public is more aware than ever of the need for transparency in what you recommend and in what advice you offer. Some clients may trust you and never ask a question about why you suggest a product, but don’t count on that being universal. The public’s perception of what you do is changing and in a sense, the cat is out of the bag.
In their marketing, firms that embraced the fiduciary standard can brag about it and when you have rejected the premise of prioritizing a client’s best interest, you can’t brag about it. In fact, prospects may be asking more and more often whether you are a fiduciary. What are you going to tell them?
Here at AgingInvestor.com, we educate advisors of all stripes about managing aging clients, particularly those with diminished capacity. Our associated site, AgingParents.com, is a resource for those with aging loved ones. At AgingParents.com, we advise and counsel families about watching over their aging parents’ finances and we strongly encourage them to review what their elders are doing with their money. When they follow our advice, they are going to be looking at what you’ve done with the elder’s portfolio. If you adhere to a fiduciary standard, no problem is likely. If you don’t, beware. Your client’s heirs are gradually assuming power over their parents’ investments as their loved ones age and become less capable of financial decision making. Dementia is a frequent cause of loss of capacity. Often the adult children can take over as successor trustees or agents who are appointed as power of attorney long before the parent passes.
About 70% of women change advisors after the death of their spouses. Their adult kids will be encouraging them to find someone with a fiduciary standard. Perhaps large numbers of adult children will switch advisors before the death of the patriarch, once they scrutinize what choices you have recommended. They may even get a second opinion about your work.
This is merely a caution to any advisor who does not adopt a fiduciary standard, regardless of whether it is mandated legally. The next generation is looking at a parent’s portfolio with fresh eyes and you may lose clients because of this. Keep the older clients in your book for life and future generations by staying the course as an advocate and making decisions in their best interest, always.
