Title 33
Probate Practice and Procedure

Chapter 27.1
Revised Uniform Fiduciary Access to Digital Assets Act

§ 33-27.1-14. Disclosure of digital assets to guardian or conservator of protected person.

(a) After an opportunity for a hearing under chapter 15 of title 33, the court may grant a guardian or conservator access to the digital assets of a protected person.

(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or 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 guardian or 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 guardian or conservator authority over the digital assets of the protected person;

(3) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person;

(4) Evidence linking the account to the protected person; and

(5) A finding by the court that disclosure of the digital assets of the user is reasonably necessary for the performance of the duties of the guardian or conservator.

(c) A guardian or 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 section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the protected person’s property.