§560:5-430  Personal liability of
conservator.  (a)  Unless otherwise provided in the contract, a conservator
is not personally liable on a contract properly entered into in a fiduciary
capacity in the course of administration of the estate unless the conservator
fails to reveal in the contract the representative capacity and identify the
estate.



(b)  A conservator is personally liable for
obligations arising from ownership or control of property of the estate or for
other acts or omissions occurring in the course of administration of the estate
only if personally at fault.



(c)  Claims based on contracts entered into by
a conservator in a fiduciary capacity, obligations arising from ownership or
control of the estate, and claims based on torts committed in the course of
administration of the estate may be asserted against the estate by proceeding
against the conservator in a fiduciary capacity, whether or not the conservator
is personally liable therefor.



(d)  A question of liability between the estate
and the conservator personally may be determined in a proceeding for
accounting, surcharge, or indemnification, or in another appropriate proceeding
or action.



(e)  A conservator is not personally liable for
any environmental condition on or injury resulting from any environmental
condition on land solely by reason of an acquisition of title under section
560:5-421. [L 2004, c 161, pt of §1]