Vermont Statutes Title 14 Sec. 3564
Terms Used In Vermont Statutes Title 14 Sec. 3564
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalogue of electronic communications: means information that identifies each person with whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See
- Court: means the Probate Division of the Superior Court of Vermont. See
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
- 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.
- 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
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See
- Person under guardianship: means an individual for whom a guardian has been appointed. See
- User: means a person who has an account with a custodian. See
§ 3564. Disclosure of digital assets to guardian of person under guardianship
(a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person under guardianship, and any digital assets other than the content of electronic communications in which the person under guardianship has a right or interest, if the guardian gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the court order that gives the guardian authority over the digital assets of the person under guardianship; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person under guardianship; or
(B) evidence linking the account to the person under guardianship.
(c) A guardian with general authority to manage the assets of a person under guardianship may request a custodian of the digital assets of the person under guardianship to suspend or terminate an account of the person under guardianship for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the guardian authority over the protected person’s property. (Added 2017, No. 13, § 1.)