Breach of Fiduciary Duty by Guardian

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Adults
  5. Alternative or Successor Guardians
  6. Breach of Fiduciary Duty by Guardian

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  1. 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.
  2. 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.
  3. 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.

(Code 1981, §29-4-53, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 162 et seq., 205 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 4, 78, 80, 81, 255, 256.

ALR.

- Liability of guardian, or his surety, as affected by agreement by which he limits his control over funds or investments, 102 A.L.R. 1108.

Improper handling of funds, investments, or assets as ground for removal of guardian of infant or incompetent, 128 A.L.R. 535.


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