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This entry was published on 2016-10-07
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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.