Pastor, Church & Law

Breach of a Fiduciary Duty

§ 10.13

In recent years, some courts have ruled that certain “special relationships” are “fiduciary” in nature and impose “fiduciary duties.” A few courts have concluded that the following relationships are fiduciary in nature: a pastor and a counselee, a lay church counselor and a counselee, and volunteer youth workers and minors. Persons having a fiduciary duty toward another may be legally responsible for injuries they cause to the other person. In some cases, churches themselves are sued for breaching a fiduciary duty. Cases recognizing and rejecting fiduciary duty claims against churches are summarized below.

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