(a) After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the guardian of the estate 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 of the estate authority over the digital assets of the ward; 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 ward; or
(B) evidence linking the account to the ward.
(c) A guardian of the estate with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian of the estate authority over the ward's property.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-104. User direction for disclosure of digital assets
§ 28-75-105. Terms-of-service agreement
§ 28-75-106. Procedure for disclosing digital assets
§ 28-75-107. Disclosure of content of electronic communications of deceased user
§ 28-75-108. Disclosure of other digital assets of deceased user
§ 28-75-109. Disclosure of content of electronic communications of principal
§ 28-75-110. Disclosure of other digital assets of principal
§ 28-75-111. Disclosure of digital assets held in trust when trustee is original user
§ 28-75-113. Disclosure of other digital assets held in trust when trustee not original user
§ 28-75-114. Disclosure of digital assets to guardian of estate
§ 28-75-115. Fiduciary duty and authority
§ 28-75-116. Custodian compliance and immunity
§ 28-75-117. Uniformity of application and construction
§ 28-75-118. Relation to Electronic Signatures and Global National Commerce Act