§ 26-2A-157 — Personal Liability of Conservator

Alabama § 26-2A-157

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 2A: Alabama Uniform Guardianship and Protective Proceedings Act
• Art. 2: Protection of Persons Under Disability and Their Property
• Div. 3: Protection of Property of Persons Under Disability and Minors

Text

(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in 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 personally 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 personally at fault.
(c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.
(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.

Legislative History

(Acts 1987, No. 87-590, p. 975, §2-328.)