Disclosure of content of electronic communications of principal

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  • 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 if the agent gives 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, username, 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.


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