19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (a) After an opportunity for a hearing, the court may grant a conservator
access to the digital assets of a protected person. (b) Unless otherwise ordered by the court
or directed by the user, a custodian shall disclose to a conservator 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 gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; and (3) if requested by the custodian: (A) a number,
username, address, or other unique subscriber or account identifier assigned by the custodian
to identify the account of the protected person; or (B) evidence...
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19-1A-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following terms
have the following meanings: (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 a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (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 appointed by a court to manage the
estate of a...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) 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 a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is subject
to the applicable terms of service; (2) is subject to other applicable law, including copyright
law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user. (c) A fiduciary with authority over the property
of a decedent, protected person, principal, or settlor has the right to access any digital
asset in which the decedent, protected person, principal, or settlor had a right or interest
and that is not held by a custodian or subject to a terms-of-service...
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19-1A-16
Section 19-1A-16 (Effective January 1, 2018) Custodian compliance and immunity. (a) Not later
than 60 days after receipt of the information required under Sections 19-1A-7 to 19-1A-15,
inclusive, a custodian shall comply with a request under this chapter from a fiduciary or
designated recipient to disclose digital assets or terminate an account. If the custodian
fails to comply, the fiduciary or designated recipient may apply to the court for an order
directing compliance, and such other relief allowed under the law of this state. (b) An order
under subsection (a) directing compliance must contain a finding that compliance is not in
violation of 18 U.S.C. Section 2702, as amended. (c) A custodian may notify the user that
a request for disclosure or to terminate an account was made under this chapter. (d) A custodian
may deny a request under this chapter from a fiduciary or designated recipient for disclosure
of digital assets or to terminate an account if the custodian is aware of any...
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19-1A-8
Section 19-1A-8 (Effective January 1, 2018) Disclosure of other digital assets of deceased
user. Unless the user prohibited disclosure of digital assets or the court directs otherwise,
a custodian shall disclose to the personal representative of the estate of a deceased user
a catalogue of electronic communications sent or received by the user and digital assets,
other than the content of electronic communications, of the user, if the representative gives
the custodian: (1) a written request for disclosure in physical or electronic form; (2) a
copy of the death certificate of the user; (3) a copy of letters testamentary, letters of
administration or court order; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by the custodian to identify
the user's account; (B) evidence linking the account to the user; (C) an affidavit stating
that disclosure of the user's digital assets is reasonably necessary for...
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19-1A-10
Section 19-1A-10 (Effective January 1, 2018) Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of
attorney, a custodian shall disclose to an agent with specific authority over digital assets
or general authority to act on behalf of a principal a catalogue of electronic communications
sent or received by the principal and digital assets, other than the content of electronic
communications, of the principal if the agent gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) an original or a copy of the power of attorney
that gives the agent specific authority over digital assets or general authority to act on
behalf of the principal; (3) a certification by the agent, under penalty of perjury, that
the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by...
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19-1A-13
Section 19-1A-13 (Effective January 1, 2018) 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 an original or
successor user and stored, carried, or maintained by the custodian in an account of the trust
and any digital assets, other than the content of electronic communications, in which the
trust has a right or interest if the trustee gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) a copy of the trust instrument or a certification
of the trust under Section 19-3B-1013. (3) a certification by the trustee, under penalty of
perjury, that the trust exists and the trustee is a currently acting trustee of the trust;
and (4) if requested by the custodian: (A) a number, username, address,...
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26-2A-155
Section 26-2A-155 Preservation of estate plan; right to examine. In (i) investing the estate,
(ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section
26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support
of the protected person and exercisable by the conservator or the court, the conservator and
the court shall take into account any estate plan of the protected person known to them, including
a will, any revocable trust of which the person is settlor, and any contract, transfer, or
joint ownership arrangement originated by the protected person with provisions for payment
or transfer of benefits or interests at the person's death to another or others. The conservator
may examine the will of the protected person. (Acts 1987, No. 87-590, p. 975, §2-326.)...

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19-1A-11
Section 19-1A-11 (Effective January 1, 2018) Disclosure of digital assets held in trust when
trustee is original user. Unless otherwise ordered by the court or provided in a trust, a
custodian shall disclose to any trustee of a trust of which any trustee is an original user
of an account any digital asset of the account held in trust, including a catalogue of electronic
communications of the trustee and the content of electronic communications. (Act 2017-316,
§1.)...
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19-1A-6
Section 19-1A-6 (Effective January 1, 2018) Procedure for disclosing digital assets. (a) When
disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1) grant a fiduciary or designated recipient full access to the user's account; (2) grant
a fiduciary or designated recipient partial access to the user's account sufficient to perform
the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary
or designated recipient a copy in a record of any digital asset that, on the date the custodian
received the request for disclosure, the user could have accessed if the user were alive and
had full capacity and access to the account. (b) A custodian may assess a reasonable administrative
charge for the cost of disclosing digital assets under this chapter. (c) A custodian need
not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or
a fiduciary requests a custodian to disclose under...
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