75A-6-114. Disclosure of digital assets to conservator or guardian of protected person.
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Effective 9/1/2024
75A-6-114. Disclosure of digital assets to conservator or guardian of protected person.
(1)After an opportunity for a hearing under Chapter 5, Protection of Persons Under Disability and Their Property, the court may grant a conservator or guardian access to the digital assets of a protected person.
(2)Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:
(a)a written request for disclosure in physical or electronic form;
(b)a certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
(c)if requested by the custodian:
(i)a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(ii)evidence linking the account to the protected person.
(3)A conservator or guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.
Renumbered and Amended by Chapter 364 , 2024 General Session