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

   (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) To recover damages;

   (2) To compel performance of the conservator'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 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.

(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.

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