§560:5-429 Individual liability of guardian of the property. (a) Unless otherwise provided in the contract, a guardian of the property is not personally liable on a contract entered into in the guardian's fiduciary capacity in the course of administration of the estate.

(b) The guardian of the property is personally liable for obligations arising from ownership or control of property of the estate and for torts committed in the course of administration of the estate.

(c) Claims based on contracts entered into by a guardian of the property in the guardian's 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 guardian of the property in the guardian's fiduciary capacity, whether or not the guardian is personally liable therefor.

(d) Any question of liability between the estate and the guardian of the property personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action. [L 1976, c 200, pt of §1; gen ch 1985]