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 attorney.
(3) "
Carries
" means engages in the transmission of an electronic communication.
(4) "
Catalogue of electronic communications
" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.
(5) "
Conservator
" means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator.
(6) "
Content of an electronic communication
" means information concerning the substance or meaning of the communication which:
(A) Has been sent or received by a user;
(B) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
(C) Is not readily accessible to the public.
(7) "
Court
" means the circuit court having jurisdiction over the protected person.
(8) "
Custodian
" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.
(9) "
Designated recipient
" means a person chosen by a user using an online tool to administer digital assets of the user.
(10) "
Digital asset
" means an electronic record in which an individual has a right or interest. The term shall not include an underlying asset or liability unless the asset or liability is itself an electronic record.
(11) "
Electronic
" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(12) "Electronic communication" has the meaning set forth in 18 U.S.C. section 2510(12), as amended.
(13) "
Electronic communication service
" means a custodian that provides to a user the ability to send or receive an electronic communication.
(14) "
Fiduciary
" means an original, additional, or successor personal representative, conservator, guardian of the estate, agent, trustee, or any person so appointed by the court.
(15) "
Guardian of the estate
" means one appointed by the court to manage the estate of the incapacitated person as specified by a court order.
(16) "
Information
" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.
(17) "
Online tool
" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
(18) "
Person
" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(19) "
Personal representative
" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter.
(20) "
Power of attorney
" means a record that grants an agent authority to act in the place of a principal.
(21) "
Principal
" means an individual who grants authority to an agent in a power of attorney.
(22) "
Protected person
" means an individual for whom a conservator or a guardian of the estate has been appointed. The term includes an individual for whom an application for the appointment of a conservator or guardian of the estate is pending.
(23) "
Record
" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(24) "
Remote computing service
" means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. section 2510(14), as amended.
(25) "
Terms of service agreement
" means an agreement that controls the relationship between a user and a custodian.
(26) "
Trustee
" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.
(27) "
User
" means a person that has an account with a custodian.
(28) "
Will
" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
Source. 2019, 140:1, eff. June 25, 2019.