Terms Used In Kentucky Statutes > Chapter 395A - Revised Uniform Fiduciary Access to Digital Assets Act (2015)

• 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 Kentucky Statutes 395A.020
• 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.
• Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Kentucky Statutes 395A.020
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: means attorney-at-law. See Kentucky Statutes 446.010
• 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.
• Carries: means engages in the transmission of an electronic communication. See Kentucky Statutes 395A.020
• 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 Kentucky Statutes 395A.020
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Conservator: means a person appointed by a court to manage the estate of a living individual. See Kentucky Statutes 395A.020
• Court: means District Court. See Kentucky Statutes 395A.020
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Kentucky Statutes 395A.020
• 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 Kentucky Statutes 395A.020
• Digital asset: means an electronic record in which an individual has a right or interest. See Kentucky Statutes 395A.020
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Kentucky Statutes 395A.020
• Electronic communication: has the meaning set forth in 18 U. See Kentucky Statutes 395A.020
• Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Kentucky Statutes 395A.020
• 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
• Federal: refers to the United States. See Kentucky Statutes 446.010
• Fiduciary: means an original, additional, or successor personal representative, conservator, agent, or trustee. See Kentucky Statutes 395A.020
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Kentucky Statutes 395A.020
• 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 Kentucky Statutes 395A.020
• Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter. See Kentucky Statutes 395A.020
• 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}
• Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Kentucky Statutes 395A.020
• Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 395A.020
• Protected person: means an individual for whom a conservator has been appointed. See Kentucky Statutes 395A.020
• 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 Kentucky Statutes 395A.020
• 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. See Kentucky Statutes 395A.020
• State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Kentucky Statutes 395A.020
• User: means a person that has an account with a custodian. See Kentucky Statutes 395A.020
• Violate: includes failure to comply with. See Kentucky Statutes 446.010