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This entry was published on 2016-10-07
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SECTION 13-A-3.3
Disclosure of content of electronic communications of
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 3
§ 13-A-3.3 Disclosure of content of electronic communications of

principal

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:

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

(b) a copy of the power of attorney expressly granting the agent
authority over the content of electronic communications of the
principal;

(c) an affidavit in which the affiant attests that the copy is an
accurate copy of the original power of attorney and that, to the best of
the affiant's knowledge, the power remains in effect; and

(d) if requested by the custodian:

(1) a number, username, address, or other unique subscriber or account
identifier assigned by the custodian to identify the principal's
account; or

(2) evidence linking the account to the principal.