New Mexico § 45-5-429 - Individual liability of conservator
Full text of New Mexico New Mexico Statutes Annotated § 45-5-429 — Individual liability of conservator, with citation guidance and answers to common questions.
§ 45-5-429. Individual liability of conservator
A. Unless otherwise provided in the contract, a conservator is not individually liable
on a contract properly entered into in the conservator's fiduciary capacity in the
course of administration of the estate unless the conservator fails to reveal the
conservator's representative capacity and 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 in the course of administration
of the estate only if the conservator is personally at fault. C. Claims based on contracts entered into by a conservator in the conservator'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 conservator in the conservator's fiduciary capacity,
whether or not the conservator is individually liable for those claims. D. 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. E. No person shall request, procure or receive a release or waiver of liability, however
denominated, of a conservator, an agent, an affiliate or a designee of a conservator
or any other third party acting on behalf of a conservator. F. A release or waiver of liability that is requested, procured or received contrary
to the provisions of this section is void.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-5-429
What does New Mexico Statutes Annotated § 45-5-429 cover?
Section 45-5-429 ("Individual liability of conservator") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 45-5-429?
A common citation format is "New Mexico Statutes Annotated § 45-5-429" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 45-5-429 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.