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Argued February 14, 2001

In this case, the conservator of the estate of a person suffering from a mental disability seeks to hold a commercial bank liable for electronic debits against a bank account, approved by the disabled person without the required authorization of the conservator. The bank acknowledged that the disabled person, not the conservator, had authorized the electronic debits, and agreed to recredit the account upon receipt of an appropriate affidavit, as provided for in the account agreement. The conservator declined to submit the affidavit, contending primarily that the debits were unauthorized and that the bank breached the account agreement, as well as its fiduciary obligation. The trial court granted summary judgment in behalf of the bank. We affirm, concluding that the relationship between the bank and the conservator was contractual in nature, not fiduciary, and that the conservator failed to comply with the error resolution procedures of the account agreement.

FACTUAL SUMMARY

 
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