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

15-14-114.  disclosure of digital assets to conservator of protected person. (1) The court, after an opportunity for a hearing under part 4, chapter 5, title 15, Idaho Code, may grant a conservator the right to access a protected person’s digital assets.

(2)  Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalog of electronic communications sent or received by the protected person and any digital assets in which the protected person has a right or interest, other than the content of electronic communications, if the conservator gives to 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 authority over the protected person’s digital assets; and

(c)  If requested by the custodian:

(i)   A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the protected person’s account; or

(ii)  Evidence linking the account to the protected person.

(3)  A conservator with general authority to manage the assets of a protected person may request a custodian of the protected person’s digital assets 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 authority over the protected person’s property.

History:

[15-14-114, added 2016, ch. 263, sec. 1, p. 690.]