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/ Home / Editorial / Thought Leaders / Politics & Policy /
Opportunities & Exposures: Finance
Valueless Values
Donald Moine
06/01/2005

Fiduciary Flaw
To exacerbate the problem, most advisors have no fiduciary duty or other incentive to deliver performance on their clients’ investments, which frees them to act in their employer’s interest rather than their clients’. In fact, the large brokerage firms have fought hard to maintain their exemption from fiduciary duty. But registered investment advisors are fiduciaries, and must attempt to do what is in their clients’ best interests. Nonetheless, not even fiduciaries are required to deliver performance. As long as they diversify assets, they are relatively safe.

The SEC is considering changing regulations to require all financial advisors to act as fiduciaries. But whatever the SEC decides, wealthy investors must be on guard against financial planners who misuse life planning and values-based techniques to sell commission-loaded financial products.

Do not dismiss all life planners. Legitimate financial advisors in the life-planning movement charge either an hourly fee or a low fee (less than 1 percent a year) based on the assets they manage. They primarily use low-cost index funds or exchange-traded funds—and they never talk about beating the market. They can now buy indices at a discount and can protect multimillion-dollar concentrated portfolios at little or no cost. They can also steer you toward returns of 6 percent tax free, year after year, in AAA-rated insured investments.

Of course, there is another solution: Find an advisor who really can deliver performance. Though they are rare, they certainly exist.

Donald Moine is principal of Wilson Advisory Services, a private wealth management firm, and a columnist for MorningstarAdvisor.com.
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