Section 15-13-504 – TRANSITIONAL PROVISION.
15-13-504. TRANSITIONAL PROVISION. (1) This chapter applies to guardianship and protective proceedings begun on or after July 1, 2011. (2) Parts 1, 3 and 4 of this chapter and sections 15–13–501 and 15–13–502, Idaho Code, apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued. History: […]
Section 15-14-101 – SHORT TITLE.
15-14-101. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act." History: [15-14-101, added 2016, ch. 263, sec. 1, p. 685.]
Section 15-14-102 – DEFINITIONS.
15-14-102. DEFINITIONS. As used 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 […]
Section 15-14-103 – APPLICABILITY.
15-14-103. APPLICABILITY. (1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2016; (b) A personal representative acting for a decedent who died before, on or after July 1, 2016; (c) A conservatorship proceeding commenced before, on or after July 1, 2016; […]
Section 15-14-104 – USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
15-14-104. USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS. (1) A user may use an online tool to direct the custodian to disclose to the 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 […]
Section 15-14-105 – TERMS OF SERVICE AGREEMENT.
15-14-105. TERMS OF SERVICE AGREEMENT. (1) 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. (2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those […]
Section 15-13-208 – NOTICE OF PROCEEDING.
15-13-208. NOTICE OF PROCEEDING. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition […]
Section 15-14-106 – PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
15-14-106. PROCEDURE FOR DISCLOSING DIGITAL ASSETS. (1) When disclosing the digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user’s account; (b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the […]
Section 15-13-209 – PROCEEDINGS IN MORE THAN ONE STATE.
15-13-209. PROCEEDINGS IN MORE THAN ONE STATE. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state pursuant to section 15–13–204(1)(a) or (1)(b), Idaho Code, if a petition for the appointment of a guardian or issuance of a conservatorship […]
Section 15-14-107 – DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.
15-14-107. DISCLOSURE OF THE 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 […]