To the extent that 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 gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
3. A certification by the agent that the power of attorney is in effect; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
b. Evidence linking the account to the principal.
2017, cc. 33, 80.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 1 - Definitions and General Provisions
§ 64.2-101. Construction of generic terms
§ 64.2-102. Meaning of child and related terms
§ 64.2-103. Evidence of paternity
§ 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument
§ 64.2-106. Grant of certain powers to personal representative or trustee by circuit court
§ 64.2-108.1. References to former sections, articles, or chapters
§ 64.2-108.2. Provision in certain trust void
§ 64.2-118. User direction for disclosure of digital assets
§ 64.2-119. Terms-of-service agreement
§ 64.2-120. Procedure for disclosing digital assets
§ 64.2-121. Disclosure of content of electronic communications of deceased user
§ 64.2-122. Disclosure of other digital assets of deceased user
§ 64.2-123. Disclosure of content of electronic communications of principal
§ 64.2-124. Disclosure of other digital assets of principal
§ 64.2-125. Disclosure of digital assets held in trust when trustee is original user
§ 64.2-127. Disclosure of other digital assets held in trust when trustee is not original user
§ 64.2-128. Disclosure of digital assets to conservator or guardian of protected person
§ 64.2-129. Fiduciary duty and authority
§ 64.2-130. Custodian compliance and immunity
§ 64.2-131. Uniformity of application and construction
§ 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act