(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.
A conservator is personally liable for obligations arising from ownership or controlof property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault.
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.
A question of liability between the estate and the conservator personally may bedetermined:
In a proceeding pursuant to section 15-10-504;
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.
Source: L. 2000: Entire part R&RE, p. 1830, § 1, effective January 1, 2001 (see § 15-17103). L. 2008: (4) amended, p. 485, § 13, effective July 1.
Editor's note: This section is similar to former § 15-14-429 as it existed prior to 2001.