[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 521, Sec. 44.]
Section 37. A guardian or conservator shall pay all just debts which are due from his ward out of the personal property, if sufficient, and, if not, out of the real property, upon obtaining a license for the sale thereof as provided in chapter two hundred and two. He shall settle all accounts of his ward and demand, sue for and receive all debts due to him or, with the approval of the probate court, may compromise the same and give a discharge to the debtor. He shall appear for and represent his ward in all actions, suits and proceedings, unless another person is appointed therefor as guardian ad litem or next friend.
Individual liability of the conservator or guardian shall be determined as follows:
(a) Unless otherwise provided in the contract, a conservator or guardian shall not be individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he failed to reveal his representative capacity and identify the estate in the contract.
(b) A conservator or guardian shall be 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 was personally at fault.
(c) Claims based on contracts entered into by a conservator or guardian 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 or guardian in his fiduciary capacity, whether or not the conservator or guardian is individually liable therefor.
(d) Any question of liability between the estate and the conservator or guardian individually may be determined in an accounting, surcharge, indemnification or other appropriate proceeding or action.
[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 521, Sec. 44.]
Section 37. A guardian or conservator shall pay all just debts which are due from his ward out of the personal property, if sufficient, and, if not, out of the real property, upon obtaining a license for the sale thereof as provided in chapter two hundred and two. He shall settle all accounts of his ward and demand, sue for and receive all debts due to him or, with the approval of the probate court, may compromise the same and give a discharge to the debtor. He shall appear for and represent his ward in all actions, suits and proceedings, unless another person is appointed therefor as guardian ad litem or next friend.
Individual liability of the conservator or guardian shall be determined as follows:
(a) Unless otherwise provided in the contract, a conservator or guardian shall not be individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he failed to reveal his representative capacity and identify the estate in the contract.
(b) A conservator or guardian shall be 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 was personally at fault.
(c) Claims based on contracts entered into by a conservator or guardian 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 or guardian in his fiduciary capacity, whether or not the conservator or guardian is individually liable therefor.
(d) Any question of liability between the estate and the conservator or guardian individually may be determined in an accounting, surcharge, indemnification or other appropriate proceeding or action.
[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 521, Sec. 44.]
Section 37. A guardian or conservator shall pay all just debts which are due from his ward out of the personal property, if sufficient, and, if not, out of the real property, upon obtaining a license for the sale thereof as provided in chapter two hundred and two. He shall settle all accounts of his ward and demand, sue for and receive all debts due to him or, with the approval of the probate court, may compromise the same and give a discharge to the debtor. He shall appear for and represent his ward in all actions, suits and proceedings, unless another person is appointed therefor as guardian ad litem or next friend.
Individual liability of the conservator or guardian shall be determined as follows:
(a) Unless otherwise provided in the contract, a conservator or guardian shall not be individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he failed to reveal his representative capacity and identify the estate in the contract.
(b) A conservator or guardian shall be 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 was personally at fault.
(c) Claims based on contracts entered into by a conservator or guardian 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 or guardian in his fiduciary capacity, whether or not the conservator or guardian is individually liable therefor.
(d) Any question of liability between the estate and the conservator or guardian individually may be determined in an accounting, surcharge, indemnification or other appropriate proceeding or action.
