Disclosure of digital property; conservator or guardian of protected person.

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711.08 Disclosure of digital property; conservator or guardian of protected person.

(1) After an opportunity for a hearing under s. 54.10, the court may grant a guardian access to the digital property of a protected person.

(2) After an opportunity for a hearing under s. 54.76, the court may grant a conservator access to the digital property of a protected person.

(3) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or custodian the catalogue of electronic communications sent or received by a protected person and any digital property, other than the content of electronic communications, in which the protected person has a right or interest if the guardian or conservator gives the custodian all of the following:

(a) A written request for disclosure in physical or electronic form.

(b) A certified copy of the court order that gives the guardian or conservator authority over the protected person's digital property.

(c) If requested by the custodian, any of the following:

1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person.

2. Evidence linking the account to the protected person.

(4) A guardian or conservator with general authority to manage a protected person's assets may request a custodian of the protected person's digital property to suspend or terminate an account of the protected person for good cause. A request made under this subsection shall be accompanied by a certified copy of the court order granting the guardian or conservator general authority to manage the protected person's assets.

History: 2015 a. 300.


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