Sec. 11. (a) After an opportunity for a hearing under IC 29-3, a court may grant a guardian access to the digital assets of the protected person.
(b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the 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 guardian gives the custodian:
(1) a written request for disclosure of the catalogue of electronic communications and the digital assets in physical or electronic form;
(2) a certified copy of the court order giving the 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 identifier 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 guardian with general authority to manage the assets of a protected person may, for good cause, request that the custodian of the digital assets of the protected person suspend or terminate an account of the protected person. A request made under this subsection must be accompanied by a certified copy of the court order giving the guardian authority over the protected person's property.
As added by P.L.137-2016, SEC.14.
Structure Indiana Code
Article 39. Revised Uniform Fiduciary Access to Digital Assets Act
Chapter 2. Fiduciary's Access to Digital Assets
32-39-2-1. User Direction Concerning Disclosure of Digital Asset
32-39-2-3. Custodian's Disclosure of User's Digital Assets
32-39-2-5. Disclosure to Personal Representative of Deceased User's Other Digital Assets
32-39-2-7. Disclosure to Principal's Attorney in Fact of Principal's Other Digital Assets
32-39-2-8. Disclosure of Digital Assets Held in Trust to Trustee That Is an Original User
32-39-2-10. Disclosure of Other Digital Assets Held in Trust to Trustee That Is Not an Original User
32-39-2-11. Disclosure of Digital Assets to Guardian of Protected Person
32-39-2-14. Consideration of Need for Uniformity Among Enacting States
32-39-2-15. Relation to Electronic Signatures in Global and National Commerce Act