Chapter 1 Application and Definitions
Chapter 2 Fiduciary’s Access to Digital Assets

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Terms Used In Indiana Code > Title 32 > Article 39 - Revised Uniform Fiduciary Access to Digital Assets Act

  • 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 Indiana Code 32-39-1-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • attorney in fact: includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney. See Indiana Code 32-39-1-3
  • carries: means engages in the transmission of an electronic communication. See Indiana Code 32-39-1-4
  • 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 Indiana Code 32-39-1-5
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • content of an electronic communication: means information concerning the substance or meaning of the communication that:

    Indiana Code 32-39-1-6

  • 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.
  • court: means :

    Indiana Code 32-39-1-7

  • custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
  • Decedent: A deceased person.
  • designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Indiana Code 32-39-1-9
  • digital asset: means an electronic record in which an individual has a right or interest. See Indiana Code 32-39-1-10
  • electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
  • electronic communication: has the meaning set forth in Indiana Code 32-39-1-12
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • fiduciary: means :

    Indiana Code 32-39-1-14

  • Fraud: Intentional deception resulting in injury to another.
  • 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: means a person appointed by a court to manage the estate of a living individual. See Indiana Code 32-39-1-15
  • information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Indiana Code 32-39-1-16
  • 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.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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. See Indiana Code 32-39-1-17
  • person: means :

    Indiana Code 32-39-1-18

  • personal representative: means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. See Indiana Code 32-39-1-19
  • power of attorney: means a record that grants an attorney in fact authority to act in the place of a principal. See Indiana Code 32-39-1-20
  • principal: means an individual who grants authority to an attorney in fact in a power of attorney. See Indiana Code 32-39-1-21
  • Probate: Proving a will
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • protected person: means an individual for whom a guardian has been appointed. See Indiana Code 32-39-1-22
  • 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. See Indiana Code 32-39-1-23
  • 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 Indiana Code 32-39-1-24
  • terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Indiana Code 32-39-1-25
  • trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Indiana Code 32-39-1-26
  • user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27