Section 114 – Disclosure of digital assets to conservator or guardian of protected person.

• (1) After an opportunity for a hearing under Chapter 5, Protection of Persons Under Disability and Their Property, the court may grant a conservator or guardian access to the digital assets of a protected person.

• (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:
  • (a) a written request for disclosure in physical or electronic form;
  • (b) a certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
  • (c) if requested by the custodian:
    • (i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
    • (ii) evidence linking the account to the protected person.

• (3) A conservator or guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person’s property.

Amended by Chapter 27, 2018 General Session