22 Guam Code Ann. § 5002
Terms Used In 22 Guam Code Ann. § 5002
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
COL9222017
15 Guam Code Ann. ESTATES AND PROBATE CH. 50 REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
(a) 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.
(b) Agent means an attorney-in-fact granted authority under a durable or nondurable power of attorney.
(c) Carries means engages in the transmission of an electronic communication.
(d) 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.
(e) Content of an electronic communication means information concerning the substance or meaning of the communication which:
(1) has been sent or received by a user;
(2) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
(3) is not readily accessible to the public.
(f) Court means the Superior Court of Guam or any other
Guam court of competent jurisdiction.
(g) Custodian means a person that carries, maintains, processes, receives, or stores a digital asset of a user.
(h) Designated recipient means a person chosen by a user using an online tool to administer digital assets of the user.
(i) Digital asset means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
(j) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
COL9222017
15 Guam Code Ann. ESTATES AND PROBATE CH. 50 REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
(k) Electronic communication has the meaning set forth in 18
U.S.C. § 2510(12), as amended.
(1) Electronic communication service means a custodian that provides to a user the ability to send or receive an electronic communication.
(m) Fiduciary means an original, additional, or successor personal representative, guardian, agent, or trustee.
(n) Guardian means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian.
(o) Information means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.
(p) Online tool means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
(q) Person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(r) Personal representative means an executor, administrator, special administrator, or person that performs substantially the same function under the laws of Guam other than this Act.
(s) Power of attorney means a record that grants an agent authority to act in the place of a principal.
(t) Principal means an individual who grants authority to an agent in a power of attorney.
(u) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(v) Remote computing service means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14), as amended.
COL9222017
15 Guam Code Ann. ESTATES AND PROBATE CH. 50 REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
(w) Terms of service agreement means an agreement that controls the relationship between a user and a custodian.
(x) Trustee means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.
(y) User means a person that has an account with a custodian. (z) Ward means an individual for whom a guardian has been
appointed. The term includes an individual for whom an application
for the appointment of a guardian is pending.
(aa) Will includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.