Georgia § 29-4-53 Breach of fiduciary duty by guardian

Georgia Statutes

§ 29-4-53 — Breach of fiduciary duty by guardian

(a)If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to:

(1)Recover damages;

(2)Compel performance of the guardian's duties;

(3)Enjoin the commission of a breach of fiduciary duty; or (4) Compel the redress of a breach of fiduciary duty by payment of money or otherwise.

(b)When the ward's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.

(c)The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

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(a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to: (1) Recover damages; (2) Compel performance of the guardian's duties; (3) Enjoin the commission of a breach of fiduciary duty; or (4) Compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the ward's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

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