14-5429

14-5429. Personal liability of
conservator

A. Unless otherwise provided in the contract, a conservator is not personally
liable on a contract properly entered into in the conservator's fiduciary capacity in the
course of administration of the estate unless the conservator fails to reveal the
representative capacity and identify the estate in the contract.

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 the conservator is personally at fault.

C. Claims based on contracts entered into by a conservator in a 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 the conservator's fiduciary capacity, whether or
not the conservator is individually liable therefor.

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.