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:#

1. (1)

   To recover damages;#

2. (2)

   To compel performance of the guardian’s duties;#

3. (3)

   To enjoin the commission of a breach of fiduciary duty; or#

4. (4)

   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.#