Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-429. Individual liability of conservator
(a). Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into
in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity
and identify the estate in the contract.
[
1979, c. 540, §1 (NEW)
.]
(b). The conservator is individually liable for obligations arising from ownership or control of property of the estate or for
torts committed in the course of administration of the estate only if he is personally at fault.
[
1979, c. 540, §1 (NEW)
.]
(c). Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership
or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the
estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable
therefor.
[
1979, c. 540, §1 (NEW)
.]
(d). Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting,
surcharge, or indemnification, or other appropriate proceeding or action.
[
1979, c. 540, §1 (NEW)
.]
SECTION HISTORY
1979, c. 540, §1 (NEW).
Data for this page extracted on 10/23/2009 03:45:43.