Sec. 1. (a) This article applies to the following: (1) A fiduciary acting under a will or power of attorney, regardless of when the will or power of attorney was executed. (2) A personal representative acting for a decedent, regardless of the date of death of the decedent. (3) A guardianship proceeding, regardless of when […]
Sec. 10. As used in this article, “digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. As added by P.L.137-2016, SEC.14.
Sec. 11. As used in this article, “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. As added by P.L.137-2016, SEC.14.
Sec. 12. As used in this article, “electronic communication” has the meaning set forth in 18 U.S.C. 2510(12). As added by P.L.137-2016, SEC.14.
Sec. 13. As used in this article, “electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. As added by P.L.137-2016, SEC.14.
Sec. 14. As used in this article, “fiduciary” means: (1) an attorney in fact; (2) a guardian; (3) a personal representative; or (4) a trustee. The term includes an additional or successor attorney in fact, guardian, personal representative, or trustee as well as an original attorney in fact, guardian, personal representative, or trustee. As added […]
Sec. 15. As used in this article, “guardian” means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian. As added by P.L.137-2016, SEC.14.
Sec. 16. As used in this article, “information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. As added by P.L.137-2016, SEC.14.
Sec. 17. As used in this article, “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. As added by P.L.137-2016, SEC.14.
Sec. 18. As used in this article, “person” means: (1) an individual; (2) an estate; (3) a business or nonprofit entity; (4) a public corporation; (5) a government or subdivision, agency, or instrumentality of a government; or (6) another legal entity. As added by P.L.137-2016, SEC.14.
Sec. 19. As used in this article, “personal representative” means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. As added by P.L.137-2016, SEC.14.
Sec. 2. As used in this article, “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. As added by P.L.137-2016, SEC.14.
Sec. 20. As used in this article, “power of attorney” means a record that grants an attorney in fact authority to act in the place of a principal. As added by P.L.137-2016, SEC.14.
Sec. 21. As used in this article, “principal” means an individual who grants authority to an attorney in fact in a power of attorney. As added by P.L.137-2016, SEC.14.
Sec. 22. As used in this article, “protected person” means an individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending. As added by P.L.137-2016, SEC.14.
Sec. 23. As used in this article, “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. As added by P.L.137-2016, SEC.14.
Sec. 24. As used in this article, “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. 2510(14). As added by P.L.137-2016, SEC.14.
Sec. 25. As used in this article, “terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. As added by P.L.137-2016, SEC.14.
Sec. 26. As used in this article, “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. As added by P.L.137-2016, SEC.14.
Sec. 27. As used in this article, “user” means a person that has an account with a custodian. As added by P.L.137-2016, SEC.14.
