Parents, Trusted But Not Trustees or (Foster) Parents as Fiduciaries

Margaret F. Brinig, Notre Dame Law School


Some fifteen years ago, Elizabeth and Robert Scott wrote an important article making the case that parents could be usefully described using a fiduciary model. This paper explains why their model fits foster parents better than biological or adoptive parents, at least in the sense that Tamar Frankel explains in her new book on fiduciary law.