Submitted by Jacks on Mon, 04/25/2011 - 08:08
Posted in
I've been asked by some relatives to become the conservator for our mutual aunt, who definitely needs help. I assume, but do not know, that I will not be liable for acts, like entering contracts that are not honored. But I'm a little nervous about it and was wondering if you can point me in the right direction to research this undertaking.
Conservator liability
Sure. In General, you can take a look at the Massachusetts Uniform Probate Code. Specifically, check out Section 5-428, which discusses limitations on the personal liability of the conservator. For example, subsection (a) provides that, unless the contract provides otherwise, you will not be personally liable for a contract that you properly enter (as conservator) on behalf of your aunt. In other words, if the estate of your aunt fails to pay or otherwise honor the contract, you can only be sued in your capacity as conservator (no personal liability). You might also wish to pay for an hour of time with an experienced estate or elder law attorney. She will be able to quickly summarize your duties and obligations and, perhaps, point out some pit-falls to avoid in your capacity as conservator. Good luck.