475.132. Individual liability of conservator. — 1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his capacity as conservator in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.
2. 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 he is personally at fault.
3. 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 in the course of 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 therefor.
4. 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.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1991–2023 · leading case:
Weems v. Montgomery, 126 S.W.3d 479 (Mo. Ct. App. 2004).
Weems v. Montgomery, 126 S.W.3d 479 (Mo. Ct. App. 2004).
· cites it 6× “Only two reported Missouri cases have addressed section 475.132. See Silvey v. Rosenauer, 814 S.”
Five Star Quality Care-Mo, L.L.C. v. Lawson, 283 S.W.3d 811 (Mo. Ct. App. 2009).
· cites it 2× “4, a guardian “is not obligated by virtue of such guardian’s appointment to use the guardian’s own financial resources for the support of the ward.”
Silvey v. Rosenauer, 814 S.W.2d 680 (Mo. Ct. App. 1991).
· cites it 3× “The common law rule, however, has been abrogated, with respect to conservators of the estate of incapacitated persons, by the adoption of section 475.132, RSMo 1986, which reads as follows: (1) Unless otherwise provided in the contract, a conservator is not individually liable…”
Ayers v. Tracy, 984 S.W.2d 193 (Mo. Ct. App. 1998).
· cites it 5× “The trial court also noted that its conclusion was supported by § 475.132 which provides, in part: 2. 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…”
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