§ 3563. Disclosure of other digital assets held in trust when trustee not original user
§ 3563. Disclosure of other digital assets held in trust when trustee 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 […]
§ 3564. Disclosure of digital assets to guardian of person under guardianship
§ 3564. Disclosure of digital assets to guardian of person under guardianship (a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall […]
§ 3565. Fiduciary duty and authority
§ 3565. 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 […]
§ 3552. Definitions
§ 3552. 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 nondurable power of […]
§ 3553. Applicability
§ 3553. Applicability (a) This chapter 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 proceeding commenced before, on, or after July 1, […]
§ 3554. User direction for disclosure of digital assets
§ 3554. 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 […]
§ 3555. Terms-of-service agreement
§ 3555. 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 […]
§ 3512. Other common law and statutory remedies still available
§ 3512. Other common law and statutory remedies still available Nothing in this subchapter shall be construed to abrogate any other causes of action or relief at law or equity to which a principal is entitled under other statutes or at common law. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)
§ 3513. Presumption of validity
§ 3513. Presumption of validity Any power of attorney executed as provided in this subchapter shall be presumed valid. No third party with whom an agent seeks to act shall require an additional or different form of power of attorney. A photocopy or electronically transmitted facsimile of a duly executed original power of attorney may […]
§ 3514. Reciprocity
§ 3514. Reciprocity Nothing in this subchapter limits the enforceability of a power of attorney or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. (Added 2001, No. 135 (Adj. Sess.), § 2, eff. June 13, 2002.)