(a) Unless otherwise provided in the contract, a conservator is not individually 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 the representative capacity and identify the estate in the contract.
(b) 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 personally at fault.
(c) Claims based on contracts entered into by a conservator in a 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 fiduciary capacity, whether or not the conservator is individually liable for them.
(d) 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.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney
Article 4. Protection of Property of Persons Under Disability and Minors.
Sec. 13.26.401. Protective proceedings.
Sec. 13.26.406. Protective proceedings; jurisdiction of affairs of protected persons.
Sec. 13.26.415. Original petition for appointment or protective order.
Sec. 13.26.425. Protective proceedings; request for notice; interested person.
Sec. 13.26.430. Procedure concerning hearing and order on original petition.
Sec. 13.26.435. Permissible court orders.
Sec. 13.26.440. Protective arrangements and single transactions authorized.
Sec. 13.26.445. Temporary conservators.
Sec. 13.26.450. Ex parte protective orders.
Sec. 13.26.455. Temporary protective orders; conversions.
Sec. 13.26.460. Protective orders; modification; third-party compliance; forms; fees.
Sec. 13.26.465. Who may be appointed conservator; priorities.
Sec. 13.26.475. Terms and requirements of bonds.
Sec. 13.26.480. Acceptance of appointment; consent to jurisdiction; notice.
Sec. 13.26.485. Compensation and expenses.
Sec. 13.26.490. Death, resignation, or removal of conservator.
Sec. 13.26.495. Petitions for orders subsequent to appointment.
Sec. 13.26.500. General duty of conservator.
Sec. 13.26.505. Inventory, implementation report, and records.
Sec. 13.26.515. Visitor reports.
Sec. 13.26.520. Conservators; title by appointment.
Sec. 13.26.525. Recording of conservator's letters.
Sec. 13.26.530. Sale, encumbrance, or transaction involving conflict of interest voidable.
Sec. 13.26.535. Persons dealing with conservators; protection.
Sec. 13.26.540. Powers of conservator in administration.
Sec. 13.26.545. Distributive duties and powers of conservator.
Sec. 13.26.550. Enlargement or limitation of powers of conservator.
Sec. 13.26.555. Preservation of estate plan.
Sec. 13.26.560. Claims against estate and protected person; enforcement.
Sec. 13.26.565. Individual liability of conservator.
Sec. 13.26.570. Termination of proceeding.