Disclosure of digital assets to conservator of protected person

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§10-114. Disclosure of digital assets to conservator of protected person

1.  Court order granting access.  After an opportunity for a hearing under Article 5, Part 4, the court may grant a conservator access to the digital assets of a protected person.  

[PL 2019, c. 417, Pt. A, §107 (NEW).]

2.  Disclosure by custodian.  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 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:  

A. A written request for disclosure in physical or electronic form;   [PL 2019, c. 417, Pt. A, §107 (NEW).]

B. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and   [PL 2019, c. 417, Pt. A, §107 (NEW).]

C. 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.   [PL 2019, c. 417, Pt. A, §107 (NEW).]

[PL 2019, c. 417, Pt. A, §107 (NEW).]

3.  Request to suspend or terminate account.  A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection must be accompanied by a copy of the court order giving the conservator authority over the protected person's property.  

[PL 2019, c. 417, Pt. A, §107 (NEW).]

SECTION HISTORY

PL 2019, c. 417, Pt. A, §107 (NEW).


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