Access to Digital Assets by Conservator

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Revised Uniform Fiduciary Access to Digital Assets
  5. Rights of Custodians or Users
  6. Access to Digital Assets by Conservator

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  1. After an opportunity for a hearing under subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c) of Code Section 29-5-23, the court may grant a conservator access to the digital assets of a protected person.
  2. 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 certified 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:
      1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
      2. Evidence linking the account to the protected person.
  3. A conservator with general authority to manage the assets of a protected person may request that a custodian of the digital assets of the protected person suspend or terminate an account of the protected person for good cause. A request made under this Code section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.

(Code 1981, §53-13-20, enacted by Ga. L. 2018, p. 1089, § 1/SB 301; Ga. L. 2019, p. 693, § 42/HB 70.)

The 2019 amendment, effective January 1, 2020, substituted "subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c)" for "paragraph (2) of subsection (b) of Code Section 29-3-22 or paragraph (2) of subsection (b)" in the middle of subsection (a).


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