Iowa Code 638.14 – Disclosure of digital assets to conservator or guardian of a ward
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Terms Used In Iowa Code 638.14
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
638.14 Disclosure of digital assets to conservator or guardian of a ward.
1. After an opportunity for a hearing to all interested parties, the court may grant a
conservator or guardian access to the digital assets of a ward.
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or 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 conservator or guardian gives the custodian all of the following:
a. A written request for disclosure in physical or electronic form.
b. A file-stamped copy of the court order that gives the conservator or guardian authority over the digital assets of the ward.
c. If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward.
(2) Evidence linking the account to the ward.
3. If the conservatorship or guardianship is not limited, the conservator or guardian 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 file-stamped copy of the court order establishing the conservatorship or guardianship.
2017 Acts, ch 79, §17
Referred to in §638.16
1. After an opportunity for a hearing to all interested parties, the court may grant a
conservator or guardian access to the digital assets of a ward.
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or 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 conservator or guardian gives the custodian all of the following:
a. A written request for disclosure in physical or electronic form.
b. A file-stamped copy of the court order that gives the conservator or guardian authority over the digital assets of the ward.
c. If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward.
(2) Evidence linking the account to the ward.
3. If the conservatorship or guardianship is not limited, the conservator or guardian 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 file-stamped copy of the court order establishing the conservatorship or guardianship.
2017 Acts, ch 79, §17
Referred to in §638.16