District of Columbia Code
Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals
§ 21–2074. Personal liability of conservator

(a) Even if otherwise provided for in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration or distribution of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(b) The conservator is personally 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 (1) contracts entered into by a conservator in a fiduciary capacity, (2) obligations arising from ownership or control of the estate, or (3) 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 for the claim.
(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
1981 Ed., § 21-2074.
Uniform Law: This section is based upon § 2-328 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).

Structure District of Columbia Code

District of Columbia Code

Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]

Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney

Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals

§ 21–2051. Protective proceedings

§ 21–2052. Original petition for appointment or protective order

§ 21–2053. Notice

§ 21–2054. Procedure concerning hearing and order on original petition

§ 21–2055. Permissible court orders

§ 21–2056. Protective arrangements and single transactions authorized

§ 21–2057. Who may be appointed conservator; priorities

§ 21–2058. Bond

§ 21–2059. Effect of acceptance of appointment

§ 21–2060. Compensation and expenses

§ 21–2061. Death, resignation, or removal of conservator

§ 21–2062. Petitions for orders subsequent to appointment

§ 21–2063. General duty of conservator

§ 21–2064. Inventory and records

§ 21–2065. Accounts

§ 21–2066. Conservators; title by appointment

§ 21–2067. Recording of conservator’s letters

§ 21–2068. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions

§ 21–2069. Persons dealing with conservators; protection

§ 21–2070. Powers of conservator in administration

§ 21–2071. Distributive duties and powers of conservator

§ 21–2072. Enlargement or limitation of powers of conservator

§ 21–2073. Preservation of estate plan; right to examine

§ 21–2074. Personal liability of conservator

§ 21–2075. Termination of proceedings

§ 21–2076. Payment of debt and delivery of property to foreign conservator without local proceedings

§ 21–2077. Foreign conservator; proof of authority; bond; powers