2007 Minnesota Statutes

524.5-430 PERSONAL LIABILITY OF CONSERVATOR.
(a) Except as otherwise agreed, 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.
(b) 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.
(c) 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.
(d) A question of liability between the estate and the conservator personally may be
determined in a proceeding for accounting, surcharge, or indemnification, or in another
appropriate proceeding or action.
(e) A conservator is not personally liable for any environmental condition on or injury
resulting from any environmental condition on land solely by reason of being appointed
conservator.
History: 2003 c 12 art 1 s 68