Elder law attorneys, with expertise in estate planning, incapacity planning, and end-of-life care for seniors, are essential in working to protect a vulnerable population.
After initially delaying a rule intended to prevent financial advisers from steering their clients to bad retirement investments, the Department of Labor (DOL) announced that the rule will go into effect on June 9, 2017.
Earlier this year, President Trump signed an executive order delaying the so-called fiduciary rule, which was scheduled to go into effect in April 2017, and calling for a review. The DOL is still reviewing the rule and can still make changes to it based on the review, but the agency said there was no basis to further delay the rule’s implementation.
Prompted by concern that many financial advisers have a sales incentive to recommend to their clients bad retirement investments with high fees and low returns because they get higher commissions or other incentives, the Department of Labor drew up a rule in April 2016 that compel financial advisers to act like fiduciaries.
The rule requires all financial professionals who offer advice related to retirement savings to provide recommendations that are in a client’s best interest. Currently, financial advisers only have to recommend suitable investments, which means they can push products that may benefit them more than their clients. The rule will mean that advisers cannot accept compensation or payments that would create a conflict unless they have an enforceable contract agreeing to put the client’s interest first. Advisers also will have to disclose any conflicts and charge reasonable compensation.
Americans likely lose about $17 billion from retirement savings every year because of bad financial advice from advisors with conflicts of interest, according to a 2015 report by the White House Council of Economic Advisors.
The new rule does not solve every problem. It applies only to tax-advantaged retirement accounts like IRAs and 401(k)s and not other investments. And even after the fiduciary rule goes into effect, consumers should use caution when selecting a financial adviser. Ask your financial adviser if he or she is serving as your fiduciary. If not, then be aware that the adviser is not required to act in your best interest. You should also check your financial adviser’s experience and credentials and beware of phony credentials.