2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-427. Individual liability of conservator.
Section effective January 1, 2019. See, also, Section 62-5-429 effective until January 1, 2019.
(A) Unless otherwise provided in a contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity during the administration of the estate unless he fails to reveal his representative capacity and fails to 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 during the administration of the estate only if he is personally at fault.
(C) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed during the administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable.
(D) A question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding.
HISTORY: 1986 Act No. 539, Section 1. Formerly Code 1976 Section 62-5-429, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
Prior Laws: Former Section 62-5-427 was titled Preservation of estate plan, and had the following history: 1986 Act No. 539, Section 1. See now, Code 1976 Section 62-5-425.