The Uniform Prudent Investor Act (UPIA) modernized trust law by aligning fiduciary duties with Modern Portfolio Theory. Under UPIA, a trustee or fiduciary adviser must manage assets by considering the total portfolio's risk and return profile rather than evaluating individual securities in a vacuum.
UPIA establishes three core tenets: (1) Total Return Approach: both capital appreciation and current income are valid components of trust yield, (2) Duty to Diversify: an affirmative obligation to eliminate unsystematic risk, and (3) Prudent Delegation: fiduciaries may delegate management to qualified professionals with ongoing supervision.
Client profiling requires gathering both quantitative financial data (balance sheet net worth, cash flow, tax bracket, time horizon) and qualitative psychological traits (risk tolerance, investment knowledge). When a client's risk tolerance (willingness) conflicts with risk capacity (ability), the fiduciary must design strategies constrained by risk capacity.