Washington Code 11.120.140 – Disclosure of digital assets to guardian or conservator of incapacitated person
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(1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person‘s digital assets other than the content of electronic communications.
Terms Used In Washington Code 11.120.140
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
- 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.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) 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 an incapacitated person and any digital assets, other than the content of electronic communications, if the guardian gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) Certified copies of letters of guardianship and the court order appointing the guardian; 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 account of the person; or
(ii) Evidence linking the account to the incapacitated person.
(3) A guardian may request a custodian of the incapacitated person’s digital assets to suspend or terminate an account of the incapacitated person for good cause. A request made under this section must be accompanied by certified copies of letters of guardianship and the court order appointing the guardian.
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.