Missouri Laws 472.465 – Conservator access, opportunity for hearing — disclosures to conservator, when
1. After an opportunity for a hearing under Missouri conservatorship law, the court may grant a conservator access to the digital assets of a protected person.
2. 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:
Terms Used In Missouri Laws 472.465
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
(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; and
(3) If requested by the custodian for the purpose of identifying the correct account of the correct user:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(b) Evidence linking the account to the protected person.
3. 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 shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person’s property.