TITLE 15

UNIFORM PROBATE CODE

CHAPTER 14

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

PART 1

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

15-14-109.  disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication sent or received by the principal if the agent gives to the custodian:

(1)  A written request for disclosure in physical or electronic form;

(2)  An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications 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, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or

(b)  Evidence linking the account to the principal.

History:

[15-14-109, added 2016, ch. 263, sec. 1, p. 689.]