§ 53-13-20. Access to Digital Assets by Conservator

1. After an opportunity for a hearing under subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c) of Code Section 29-5-23, the court may grant a conservator 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 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 gives the custodian:
   1. A written request for disclosure in physical or electronic form;
   2. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and
   3. If requested by the custodian:
      1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
      2. Evidence linking the account to the protected person.
3. A conservator with general authority to manage the assets of a protected person may request that a custodian of the digital assets of the protected person suspend or terminate an account of the protected person for good cause. A request made under this Code section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person’s property.

History. Code 1981, § 53-13-20 , enacted by Ga. L. 2018, p. 1089, § 1/SB 301; Ga. L. 2019, p. 693, § 42/HB 70.

The 2019 amendment, effective January 1, 2020, substituted “subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c)” for “paragraph (2) of subsection (b) of Code Section 29-3-22 or paragraph (2) of subsection (b)” in the middle of subsection (a).