Wisconsin Statutes 711.08 – Disclosure of digital property; conservator or guardian of protected person
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Terms Used In Wisconsin Statutes 711.08
- 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 any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- 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.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) After an opportunity for a hearing under s. 54.10, the court may grant a guardian access to the digital property of a protected person.
(2) After an opportunity for a hearing under s. 54.76, the court may grant a conservator access to the digital property of a protected person.
(3) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or custodian the catalogue of electronic communications sent or received by a protected person and any digital property, 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 all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the court order that gives the guardian or conservator authority over the protected person’s digital property.
(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 protected person.
2. Evidence linking the account to the protected person.
(4) A guardian or conservator with general authority to manage a protected person’s assets may request a custodian of the protected person’s digital property to suspend or terminate an account of the protected person for good cause. A request made under this subsection shall be accompanied by a certified copy of the court order granting the guardian or conservator general authority to manage the protected person’s assets.