Arizona Laws 14-13114. Disclosure of digital assets to conservator of protected person
A. After an opportunity for a hearing under chapter 5, article 4 of this title, the court may grant a conservator access to the digital assets of a protected person.
Terms Used In Arizona Laws 14-13114
- 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
- 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 Arizona Laws 14-13102
- Conservator: means a person appointed by a court to manage the estate of a living individual and includes a limited conservator and a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
- 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
- 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.
- 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
- 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
- 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
B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a 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 conservator gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person.
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 account of the protected person.
(b) Evidence linking the account to the trust.
C. A 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 subsection must be accompanied by a certified copy of the court order giving the conservator authority over the protected person’s property.