§ 1304. User direction for disclosure of digital assets
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure […]
§ 1305. Terms of service agreement
(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or […]
§ 1306. Procedure for disclosing digital assets
(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated […]
§ 1307. Disclosure of content of electronic communications of deceased user
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: (1) a written request […]
§ 1308. Disclosure of other digital assets of deceased user
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative […]
§ 1265. Power of attorney not revoked until notice
(a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless […]
§ 1266. Proof of continuance of durable and other powers of attorney by affidavit
As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal’s death, disability, […]
§ 1267. Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states and territories enacting it.
§ 1301. Short title
This chapter may be cited as the Uniform Fiduciary Access to Digital Assets Act.
§ 1302. Definitions
In this chapter: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) “Carries” means engages […]