58-4801 Citation of act.

58-4801. Citation of act. This act may be cited as the revised uniform fiduciary access to digital assets act (2015). History: L. 2017, ch. 19, § 1; July 1.

58-4802 Definitions.

58-4802. Definitions. In this act: (a) “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. (b) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (c) “Carries” […]

58-4803 Applicability.

58-4803. Applicability. (a) This act applies to: (1) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on or after July 1, 2017; (3) a guardianship or conservatorship proceeding commenced before, on or after July […]

58-4804 User direction for disclosure of digital assets.

58-4804. 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 of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete […]

58-4805 Terms-of-service agreement.

58-4805. Terms-of-service agreement. (a) This act 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 act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user […]

58-4806 Procedure for disclosing digital assets.

58-4806. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this act, 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 […]

58-4807 Disclosure of content of electronic communications of deceased user.

58-4807. 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 […]

58-4808 Disclosure of other digital assets of deceased user.

58-4808. 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 […]

58-4809 Disclosure of content of electronic communications of principal.

58-4809. 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 […]

58-4810 Disclosure of other digital assets of principal.

58-4810. 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 […]

58-4811 Disclosure of digital assets held in trust when trustee is original user.

58-4811. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of […]

58-4812 Disclosure of contents of electronic communications held in trust when trustee is not original user.

58-4812. Disclosure of contents of electronic communications held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or […]

58-4813 Disclosure of other digital assets held in trust when trustee is not original user.

58-4813. Disclosure of other digital assets held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by […]

58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.

58-4814. Disclosure of digital assets to guardian or conservator of ward or conservatee. (a) After an opportunity for a hearing under K.S.A. 59-3050 et seq., and amendments thereto, the court may grant a guardian or conservator access to the digital assets of a ward or conservatee. (b) Unless otherwise ordered by the court or directed […]

58-4815 Fiduciary duty and authority.

58-4815. 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 […]

58-4816 Custodian compliance and immunity.

58-4816. Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under K.S.A. 2021 Supp. 58-4807 through 58-4815, and amendments thereto, a custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails […]

58-4817 Uniformity of application and construction.

58-4817. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2017, ch. 19, § 17; July 1.

58-4818 Relation to electronic signatures in global and national commerce act.

58-4818. Relation to electronic signatures in global and national commerce act. This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of […]

58-4819 Severability.

58-4819. Severability. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History: L. […]