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2019 Georgia Code
Title 29 - Guardian and Ward
Chapter 2 - Guardians of Minors
Article 4 - Violations by Guardians
§ 29-2-43. Minor's cause of action for breach of guardian's fiduciary duties

Universal Citation:
GA Code § 29-2-43 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate:

    • (1) To recover damages;

    • (2) To compel performance of the guardian's duties;

    • (3) To enjoin the commission of a breach of fiduciary duty; or

    • (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise.

  • (b) When the minor'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.

History:

Code 1981, § 29-2-43, enacted by Ga. L. 2004, p. 161, § 1.

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