§ 30.1-29-29 — (5-429) Individual liability of conservator

North Dakota § 30.1-29-29

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-29: Protection of Property of Persons Under Disability and Minors

Text

1. Unless otherwise provided in the contract, a conservator is not individually 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 conservator's
representative capacity and identify the estate in the contract.
2. 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.
3. Claims based on contracts entered into by a conservator in the conservator's 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.
4. 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.