§ 15-14-430 — Personal liability of conservator

(1) Except as 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.

(2) 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.

(3) 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.

(4) A question of liability between the estate and the conservator personally
may be determined:

(a) In a proceeding pursuant to section 15-10-504;

(b) In a proceeding for accounting, surcharge, indemnification, sanctions, or
removal; or

(c) In another appropriate proceeding or action.

(5) 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 15-14-421.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1830, � 1, effective January 1, 2001 (see � 15-17-103). L. 2008: (4) amended, p. 485, � 13, effective July 1.