When a client asks their advisor to place an investment trade or execute another planning action, it typically comes as a result of a consultation with the advisor (and often reflects the advisor’s recommended course of action). However, sometimes a client might request that the advisor take an action the advisor believes isn’t in the client’s best interests (e.g., moving their entire portfolio to cash amidst a market downturn). Which can create a delicate situation, not only with regard to the client’s financial wellbeing and compliance issues, but also for the future of the advisor-client relationship.
The Securities and Exchange Commission’s (SEC’s) 2019 interpretation of the standard of conduct for investment advisers under the Advisers Act highlights that investment advisers and clients have a principal-agent relationship, under which an agent (in this case the advisor) has a duty to follow the lawful instructions of the principal (here, their client). Similarly, CFP Board’s definition of a fiduciary, a CFP professional has a duty to follow instructions (along with a duties of care and loyalty), which includes complying with all reasonable and lawful directions of their client.
Amidst this backdrop, an advisor considering a client request that they believe isn’t in the client’s best interest is required to follow through on it as long as they determine that the client is able to make decisions for themselves (e.g., isn’t showing signs of mental incapacity) and the request is lawful (e.g., they have the authority to make trades on the account in question).
That said, advisors can still first offer their recommendation, based on their professional judgment, that the client not follow through with their request, and perhaps pause before making a rash and impactful decision (fulfilling the advisor’s duty of care), as well as confirm that the client is making a direct request and isn’t merely expressing frustration (which could avoid a costly misunderstanding). Also, documenting the conversation and the final decision made can create a record describing both the client’s request and the advisor’s response to help mitigate against misunderstandings down the line (and could include an “Against Advisor’s Advice” letter signed by the client acknowledging they directed their advisor to implement an action that the advisor did not recommend or outright recommended against).
