Title 14, Trusts, Estates and Protective Proceedings

A. On registration of a guardianship or conservatorship or any other protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintain…

In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform adult guardianship and protective proceedings jurisdiction act.

This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code section 7001, et sec.) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize electro…

A. This chapter applies to guardianship and protective proceedings begun on or after the effective date of this chapter. B. Articles 1, 3 and 4 of this chapter and sections 14-12501 and 14-12502 apply to proceedings begun before the effective date of this chapter regardless of wh…

This chapter may be cited as the revised uniform fiduciary access to digital assets act.

In this chapter, unless the context otherwise requires: 1. "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. 2. "Agent" me…

A. This chapter applies to all of the following: 1. A fiduciary acting under a will or power of attorney executed before, on or after August 6, 2016. 2. A personal representative acting for a decedent who died before, on or after August 6, 2016. 3. A conservatorship proceeding co…

A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at al…

A. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. B. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the us…

A. When disclosing digital assets of a user under this chapter, the custodian, at its sole discretion, may do any of the following: 1. Grant a fiduciary or designated recipient full access to the user's account. 2. Grant a fiduciary or designated recipient partial access to the u…

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if th…

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…

Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications se…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electr…

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintai…

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried or…

A. After an opportunity for a hearing under chapter 5, article 4 of this title, the court may grant a conservator access to the digital assets of a protected person. B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the …

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable: 1. The duty of care. 2. The duty of loyalty. 3. The duty of confidentiality. B. A fiduciary's or designated…

A. Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to …

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 United States Code sections 7001 through 7031, but does not modify, limit or supersede 15 United States Code section 7001(c) or authorize electronic delivery of any of t…