Arizona Laws 14-13115. Fiduciary duty and authority
A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable:
Terms Used In Arizona Laws 14-13115
- Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Arizona Laws 14-13102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the superior court. See Arizona Laws 14-13102
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
- Decedent: A deceased person.
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Arizona Laws 14-13102
- Digital asset: means an electronic record in which an individual has a right or interest. See Arizona Laws 14-13102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Arizona Laws 14-13102
- Letters: includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. See Arizona Laws 14-1201
- Person: means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity. See Arizona Laws 14-13102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Arizona Laws 14-13102
- Property: includes both real and personal property. See Arizona Laws 1-215
- Protected person: means an individual for whom a conservator has been appointed. See Arizona Laws 14-13102
- Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Arizona Laws 14-13102
- Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
- User: means a person that has an account with a custodian. See Arizona Laws 14-13102
- Writing: includes printing. See Arizona Laws 1-215
1. The duty of care.
2. The duty of loyalty.
3. The duty of confidentiality.
B. A fiduciary‘s or designated recipient‘s authority with respect to a digital asset of a user:
1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.
2. Is subject to other applicable law, including copyright law.
3. In the case of a fiduciary, is limited by the scope of the fiduciary’s duties.
4. May not be used to impersonate the user.
C. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
D. A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 13-2316.
E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:
1. Has the right to access the property and any digital asset stored in it.
2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316.
F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
G. A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by all of the following:
1. If the user is deceased, a certified copy of the death certificate of the user.
2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account.
3. If requested by the custodian any of the following:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
(b) Evidence linking the account to the user.
(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.