3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person.
233 words·~1 min read·
/nj/title-3b/chapter-14/3b-14-61-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
14. Disclosure of Digital Assets to Guardian of Incapacitated Person.
a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an incapacitated person.
b. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the incapacitated person and any digital assets, other than the content of electronic communications, in which the incapacitated person has a right or interest if the guardian gives the custodian:
(1)a written request for disclosure in physical or electronic form;
(2)a copy of the court order that gives the guardian authority over the digital assets of the incapacitated person; and
(3)if requested by the custodian:
(a)a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the incapacitated person; or
(b)evidence linking the account to the incapacitated person.
c. A guardian with general authority to manage the assets of an incapacitated person may request a custodian of the digital assets of the incapacitated person to suspend or terminate an account of the incapacitated person for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the incapacitated person's property.
L.2017, c.237, s.14.