Utah Code » Title 75, Chapter 5 — Protection of Persons Under Disability and Their Property; part 75-5-4 — Protection of Property of Persons Under Disability and Minors
Utah Code

Utah Code § 75-5-429 (2026)

Individual liability of conservator

✓ laws through the 2026 General Session (checked Sept. 2026)
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Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.
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.
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.
Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.

Enacted by Chapter 150, 1975 General Session

Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: In re Stephen M. Weidner, 2019 UT App 10, 438 P.3d 896.
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In re Stephen M. Weidner, 2019 UT App 10, 438 P.3d 896. · cites it 10× “See Utah Code Ann. § 75-5-429 (1) (LexisNexis Supp.”
In re Jacobson, 2019 UT App 56, 441 P.3d 761. · cites it 2× “" Utah Code Ann. § 75-5-429 (4) (Michie 1993).”
Utah Code § 75-5-429(1): 1 case
In re Stephen M. Weidner, 2019 UT App 10, 438 P.3d 896. “See Utah Code Ann. § 75-5-429 (1) (LexisNexis Supp.”
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