2021 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
- 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:
- To recover damages;
- To compel performance of the guardian's duties;
- To enjoin the commission of a breach of fiduciary duty; or
- To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
- 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.
- 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, §29-2-43, enacted by Ga. L. 2004, p. 161, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 49-232 are included in the annotations for this Code section.
Use of estate funds should accompany petition to revoke guardianship.- One who has been adjudged insane and confined to state mental hospital and who desires to use funds in estate for purpose of proving that sanity has been restored, should properly proceed by making application to ordinary (now judge of probate court) for revocation of letters of guardianship. 1952-53 Op. Att'y Gen. p. 373 (decided under former Code 1933, § 49-232).
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Guardian and Ward, §§ 162 et seq., 178.
C.J.S.- 39 C.J.S., Guardian and Ward, §§ 4, 78, 80, 81, 255, 256.
ALR.
- Liability of attorney for loss or waste of funds of minor, 62 A.L.R. 910.
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.
