Utah Code 75A-6-114. Disclosure of digital assets to conservator or guardian of protected person
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(1) After an opportunity for a hearing under Chapter 5, Protection of Persons Under Disability and Their Property, the court may grant a conservator or guardian access to the digital assets of a protected person.
Terms Used In Utah Code 75A-6-114
- 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 Utah Code 75A-6-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75A-6-102
- Conservator: includes a limited conservator. See Utah Code 75A-6-102
- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-6-102
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75A-6-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-6-102
- 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.
- 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.
- Guardian: includes a limited guardian. See Utah Code 75A-6-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75A-6-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75A-6-102
- User: means a person that has an account with a custodian. See Utah Code 75A-6-102
(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 protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:
(2)(a) a written request for disclosure in physical or electronic form;
(2)(b) a certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
(2)(c) if requested by the custodian:
(2)(c)(i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(2)(c)(ii) evidence linking the account to the protected person.
(3) A conservator or guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person’s property.