A. After an opportunity for a hearing under Chapter 20 (§ 64.2-2000 et seq.), the court may grant a conservator or guardian 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 or guardian the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or 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 conservator or guardian authority over the digital assets of the protected person; 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 protected person; or
b. Evidence linking the account to the protected person.
C. A conservator with general authority to manage the assets of a protected person or a guardian with specific authority granted by the court may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.
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