(a)  After an opportunity for a hearing under chapter 15 of Title 33, the court may grant a guardian or conservator access to the digital assets of a protected person.

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

(b)  Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator 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 guardian or conservator 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 or conservator authority over the digital assets of the protected person;

(3)  A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person;

(4)  Evidence linking the account to the protected person; and

(5)  A finding by the court that disclosure of the digital assets of the user is reasonably necessary for the performance of the duties of the guardian or conservator.

(c)  A guardian or conservator 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 guardian or conservator authority over the protected person’s property.