Section 5–428. [Personal Liability of Conservator.]
(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in 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 not personally liable unless the conservator is personally at fault for either (i) obligations arising from ownership or control of property of the estate, or (ii) torts committed in the course of administration of the estate.
(c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.
(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.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 190b - Massachusetts Uniform Probate Code
Article V - Protection of Persons Under Disability and Their Property
Section 4-401 - Effect of Adjudication for or Against Personal Representative
Section 5-101 - Definitions and Inclusions
Section 5-102 - Facility of Payment or Delivery
Section 5-103 - Delegation of Powers by Parent or Guardian
Section 5-106 - Appointment of Counsel; Guardian Ad Litem
Section 5-107 - Protection of Minors
Section 5-201 - Appointment and Status of Guardian of Minor
Section 5-202 - Parental or Guardian Appointment of Guardian for Minor
Section 5-203 - Objection by Minor Fourteen or Older to Parental Appointment
Section 5-206 - Procedure for Court Appointment of Guardian of Minor
Section 5-207 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee
Section 5-208 - Bond; Consent to Service by Acceptance of Appointment; Notice
Section 5-209 - Powers, Duties, Rights and Immunities of Guardian of Minor; Limitations
Section 5-210 - Termination of Appointment of Guardian; General
Section 5-212 - Resignation, Removal, and Other Post-Appointment Proceedings
Section 5-301 - Nomination of Guardian for Incapacitated Person by Will or Other Writing
Section 5-303 - Procedure for Court Appointment of a Guardian of an Incapacitated Person
Section 5-304 - Notice in Guardianship or Conservatorship Proceeding
Section 5-305 - Who May Be Guardian; Parties
Section 5-306 - Findings; Order of Appointment
Section 5-307 - Bond; Acceptance of Appointment; Consent to Jurisdiction
Section 5-308 - Emergency Orders; Temporary Guardians
Section 5-309 - Powers, Duties, Rights and Immunities of Guardians, Limitations
Section 5-310 - Termination of Guardianship for Incapacitated Person
Section 5-311 - Removal or Resignation of Guardian; Termination of Incapacity
Section 5-313 - Religious Freedom of Incapacitated Person
Section 5-401 - Management of Estate
Section 5-402 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons
Section 5-404 - Original Petition for Appointment or Protective Order
Section 5-407 - Findings; Order of Appointment; Permissible Court Orders
Section 5-408 - Protective Arrangements and Single Transactions Authorized
Section 5-409 - Who May Be Appointed Conservator; Penalties
Section 5-411 - Terms and Requirements of Bonds
Section 5-412 - Acceptance of Appointment; Consent to Jurisdiction
Section 5-413 - Compensation and Expenses
Section 5-415 - Petitions for Orders Subsequent to Appointment
Section 5-416 - General Duty of Conservator; Plan
Section 5-417 - Inventory and Records
Section 5-419 - Conservators; Title by Appointment
Section 5-420 - Recording of Conservator's Letters
Section 5-422 - Persons Dealing With Conservators; Protection
Section 5-423 - Powers of Conservator in Administration
Section 5-424 - Distributive Duties and Powers of Conservator
Section 5-425 - Enlargement or Limitation of Powers of Conservator
Section 5-426 - Preservation of Estate Plan; Right to Examine
Section 5-427 - Claims Against Protected Person
Section 5-428 - Personal Liability of Conservator
Section 5-431 - Foreign Conservator; Proof of Authority; Bond; Powers
Section 5-502 - Durable Power of Attorney Not Affected by Lapse of Time, Disability or Incapacity
Section 5-503 - Relation of Attorney in Fact to Court-Appointed Fiduciary
Section 5-504 - Power of Attorney Not Revoked Until Notice
Section 5-505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit
Section 5-507 - Protection; Third Parties
Section 5-306a - Substituted Judgment