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Official Code of Georgia Annotated

Title 29. GUARDIAN AND WARD · Chapter 5. CONSERVATORS OF ADULTS · Article 10. REMOVAL OF CONSERVATOR FOR OTHER REASONS

29-5-93. Cause of action for breach of fiduciary duty.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    If a conservator 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:#

    1. (1)

      To recover damages;#

    2. (2)

      To compel performance of the conservator’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.#

  2. (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.#

  3. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 29-5-93, enacted by Ga. L. 2004, p. 161, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t27-t30-(v22)-2018-pdf.pdf, Volume V22, 2018 edition, page 723; merge action: carried; file SHA-256 62359f240c92.