US Lawyer Database

§ 1314. Disclosure of digital assets to guardian of ward or protected person

(a) After an opportunity for a hearing under the guardianship law of this territory, the court may grant a guardian access to the digital assets of a ward or protected 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 […]

§ 1315. Fiduciary duty and authority

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1) except […]

§ 1316. Custodian compliance and immunity

(a) Not later than 60 days after receipt of the information required under sections 1307 through 1315 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient […]

§ 1309. Disclosure of content of electronic communications of principal

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) a written request for disclosure […]

§ 1310. Disclosure of other digital assets of principal

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other […]

§ 1303. Applicability

(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter; (3) a guardianship proceeding commenced before, on, or […]