EPTL 13-A-3.8 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 13-A-3.7 Disclosure of other digital assets held in trust when trustee up PART 3 Disclosure of Digital Assets to Fiduciary Viewing most recent revision (from 2016-10-07) View historical revision as of: -- Choose a Date -- 2016-10-07 Share Facebook Email SECTION 13-A-3.8 Disclosure of digital assets to guardian of ward Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 3 § 13-A-3.8 Disclosure of digital assets to guardian of ward (a) After an opportunity for a hearing concerning the appointment or authority of a guardian, the court may grant a guardian access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the ward 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 guardian authority over the digital assets of the ward; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or (B) evidence linking the account to the ward. (c) A guardian with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward's property.