US Lawyer Database

§ 53-13-19. Disclosure to Trustee of Electronic Communications

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 an original or successor user and stored, carried, or maintained by the custodian in an […]

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

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. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose […]

§ 53-13-1. Short Title

This chapter shall be known and may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act.” History. Code 1981, § 53-13-1 , enacted by Ga. L. 2018, p. 1089, § 1/SB 301.

§ 53-13-2. Definitions

As used in this chapter, the term: “Account” means an arrangement under a terms-of-service agreement in which a custodian provides goods or services to the user. “Agent” means an attorney in fact granted authority under a durable or nondurable power of attorney, including a person granted authority to act in the place of an individual […]

§ 53-13-40. Construction With Federal Provisions

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]

§ 53-13-3. Application

This chapter shall apply to a: Fiduciary acting under a will or power of attorney; Personal representative acting for a decedent; Conservatorship; and Trustee. This chapter shall apply to a custodian if the user resides in this state or resided in this state at the time of the user’s death. This chapter shall not apply […]

§ 53-13-4. Service of Notice

In any proceeding brought pursuant to this chapter, service of notice shall be made in the manner provided by Chapter 11 of this title. History. Code 1981, § 53-13-4 , enacted by Ga. L. 2020, p. 377, § 1-94/HB 865. Effective date. — This Code section became effective January 1, 2021.

§ 53-13-10. User’s Direction on Disclosures

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 a direction at all times, a direction regarding disclosure […]