Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 187, § 1, effective August 10.
When a conservator is appointed to represent a protected person's interests, the protected person may still retain some right to privacy in their personal communications. Therefore, Section 1514 does not permit conservators to request disclosure of a protected person's electronic communications on the basis of the conservatorship order alone. To access a protected person's digital assets and a catalogue of electronic communications, a conservator must be specifically authorized by the court to do so. This requirement for express judicial authority over digital assets does not limit the fiduciary's authority over the underlying assets, such as funds held in a bank account. The meaning of the term "hearing" will vary from state to state according to state law and procedures.
State law will establish the criteria for when a court will grant power to the conservator. For example, UPC Section 5-411(c) requires the court to consider the decision the protected person would have made as well as a list of other factors. Existing state law may also set out the requisite standards for a conservator's actions. The conservator must exercise authority in the interests of the protected person. When requesting access to digital assets in which the protected person has a right or interest, the conservator must write or email the custodian (see comments to Section 1507).
The conservator must also give the custodian a certified copy of the court order that gives the conservator authority over the protected person's digital assets. Also, if requested by the custodian, the conservator must provide a unique subscriber or account identifier assigned by the custodian to identify the protected person's account, or some evidence linking the account to the protected person. The custodian is required to disclose the digital assets so requested.
Under subsection (3), a conservator with general authority to manage the assets of the protected person may request suspension or termination of the protected person's account, for good cause.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Part 15 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 15-1-1504. User Direction for Disclosure of Digital Assets
§ 15-1-1505. Terms-of-Service Agreement
§ 15-1-1506. Procedure for Disclosing Digital Assets
§ 15-1-1507. Disclosure of Content of Electronic Communications of Deceased User
§ 15-1-1508. Disclosure of Other Digital Assets of Deceased User
§ 15-1-1509. Disclosure of Content of Electronic Communications of Principal
§ 15-1-1510. Disclosure of Other Digital Assets of Principal
§ 15-1-1511. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§ 15-1-1513. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§ 15-1-1514. Disclosure of Digital Assets to Conservator of Protected Person
§ 15-1-1515. Fiduciary Duty and Authority
§ 15-1-1516. Custodian Compliance and Immunity
§ 15-1-1517. Uniformity of Application and Construction
§ 15-1-1518. Relation to Electronic Signatures in Global and National Commerce Act