McLean left a large portion of his estate to his wife, with the rest to be managed by trusted financial managers. The trustees were later charged with mismanaging the funds and losing a large portion of the investment. The judge presiding over their court case declared that when it comes to investments, the capital was always at risk. Instead, they should treat your money as if it were their own and manage the funds accordingly.
For instance, a guardian or trustee should be able to answer for big investment decisions they make. This is true whether these decisions are made on behalf of you or your estate. All financial decisions should be made with full disclosure and be in your best interests, without being reckless or taking on undue risk. Instead, this individual may just be overall expected to diversify your investments to limit loss, maintain liquidity , reject high-risk investments and monitor the fund regularly.
Sometimes, in fact, you may very well lose money on an investment or see less growth than expected. With the prudent person rule, rather, it requires that your trusted fiduciary make decisions with your money that a person of average intelligence might make for his or her own funds. This person should be able to explain why specific investments were chosen or a portfolio managed in a particular way.
So, what if an investment manager or other trusted fiduciary fails to follow the prudent person rule? Well, he or she could possibly be held liable for certain losses that an investor suffers. Simply put, this rule states that a portfolio manager is required to only purchase securities that a person who is considered disciplined would purchase.
That is to say, the manager is expected to engage in profitable but low-risk investments on behalf of his clients portfolio. The prudent-person rule was established to prevent investors from portfolio managers that are looking or actively engaging in high-risk, potential fraud-like investments, as well as questionable investments. Some examples of such investments can include penny stocks, marijuana stocks, or any other type of shady investment which can put a clients capital at unnecessary risk.
Priority is placed on the investor, and the prudent-person rule doesn't require a trustee with extraordinary expertise to exert the fiduciary duty of overseeing securities. However, such a trustee is expected to make rational and unquestionable investment choices when managing the financial assets of their clients.
They're also expected to make just the best choices, or invest in securities that they can explain the reason why they decided to pick it on behalf of their clients. The prudent-person rule, although more applicable to a portfolio manager, can also be applied to a person who has been given the right to guardianship or stewardship of a clients estate, who may however be separated, restricted, or unable to provide advice or act on their own behalf.
Simply put, the prudent-person rule can be applied to an individual who manages an estate on behalf of someone else, and also takes actions that suits the main owner of the estate, and not based on his own instincts or emotions. For instance, if a person were to administer a pension fund or any other form of trust to a company employee, they will be mandated to engage in investments with the funds which was administered. Also, the investment which they will choose is required to have a potential possibility of high profitability.
Here, they cannot be allowed to channel the fund to a high-risk investment which has a low chance of turning in profits.
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The prudent-person rule is a legal principle that is used to restrict the choices of the financial manager of an account to the types of investments that a person seeking reasonable income and preservation of capital might buy for their own portfolio. The prudent investor rule stipulates fiduciaries to invest in trust assets as if they were his or her own and avoid excessively risky assets that may result in. The prudent man rule is based on common law stemming from the Massachusetts court formulation, Harvard College v. Amory The prudent man rule, written by Massachusetts Justice Samuel Putnam, directs.