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 Superior Court, a custodian shall disclose to the agent the content of electronic communications sent or received by the principal 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, under penalty of perjury, 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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
Structure District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]
Chapter 25 - Uniform Fiduciary Access to Digital Assets Act
§ 21–2504. User direction for disclosure of digital assets
§ 21–2505. Terms-of-service agreement
§ 21–2506. Procedure for disclosing digital assets
§ 21–2507. Disclosure of contents of electronic communications of deceased user
§ 21–2508. Disclosure of other digital assets of deceased user
§ 21–2509. Disclosure of content of electronic communications of principal
§ 21–2510. Disclosure of other digital assets of principal
§ 21–2511. Disclosure of digital assets held in trust when trustee is original user
§ 21–2513. Disclosure of other digital assets held in trust when trustee not original user
§ 21–2514. Disclosure of digital assets to conservator of protected individual
§ 21–2515. Fiduciary duty and authority
§ 21–2516. Custodian compliance and immunity
§ 21–2517. Uniformity of application and construction
§ 21–2518. Relation to Electronic Signatures in Global and National Commerce Act