A Fiduciary is needed when an individual lacks the capacity to handle his or her own affairs. This can be because the person is too young, is mentally or emotionally not capable, due to injury, or due to the changes that may accompany advanced age. Oftentimes a friend or family member is designated to be a guardian (and handle issues regarding the person) or conservator (and handle the estate, or property) of the person. There are times when this is not possible or desired for any number of reasons and it is necessary to have a professional handle such duties. This can occur in the context of a court proceeding, through a power of attorney, or by means of a trust, outside of a court proceeding.