Idaho Code 15-14-114 – Disclosure of Digital Assets to Conservator of Protected Person
Current as of: 2023 | Check for updates
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(1) The court, after an opportunity for a hearing under part 4, chapter 5, title 15, Idaho Code, may grant a conservator the right to access a protected person‘s digital assets.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalog of electronic communications sent or received by the protected person and any digital assets in which the protected person has a right or interest, other than the content of electronic communications, if the conservator gives to the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the court order that gives the conservator authority over the protected person’s digital assets; and
(c) If requested by the custodian:
(i) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the protected person’s account; or
(ii) Evidence linking the account to the protected person.
Terms Used In Idaho Code 15-14-114
- 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 Idaho Code 15-14-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalog 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 Idaho Code 15-14-102
- Conservator: means a person appointed by a court to manage the estate of a living individual. See Idaho Code 15-14-102
- Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 15-14-102
- 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.
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity. See Idaho Code 15-14-102
- Property: includes both real and personal property. See Idaho Code 73-114
- Protected person: means an individual for whom a conservator has been appointed. See Idaho Code 15-14-102
- User: means a person that has an account with a custodian. See Idaho Code 15-14-102
(3) A conservator with general authority to manage the assets of a protected person may request a custodian of the protected person’s digital assets 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 authority over the protected person’s property.