638.14 Disclosure of digital assets to conservator or guardian of a ward.
1. After an opportunity for a hearing to all interested parties, the court may grant a conservator or guardian access to the digital assets of a ward.
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the conservator or guardian gives the custodian all of the following:
a. A written request for disclosure in physical or electronic form.
b. A file-stamped copy of the court order that gives the conservator or guardian authority over the digital assets of the ward.
c. If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward.
(2) Evidence linking the account to the ward.
3. If the conservatorship or guardianship is not limited, the conservator or guardian may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a file-stamped copy of the court order establishing the conservatorship or guardianship.
2017 Acts, ch 79, §17
Referred to in §638.16
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS
Section 638.3 - Applicability.
Section 638.4 - User direction for disclosure of digital assets.
Section 638.5 - Terms-of-service agreement.
Section 638.6 - Procedure for disclosing digital assets.
Section 638.7 - Disclosure of content of electronic communications of deceased user.
Section 638.8 - Disclosure of other digital assets of deceased user.
Section 638.9 - Disclosure of content of electronic communications of principal.
Section 638.10 - Disclosure of other digital assets of principal.
Section 638.11 - Disclosure of digital assets held in trust when trustee is original user.
Section 638.13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 638.14 - Disclosure of digital assets to conservator or guardian of a ward.
Section 638.15 - Fiduciary duty and authority.
Section 638.16 - Custodian compliance and immunity.
Section 638.17 - Uniformity of application and construction.
Section 638.18 - Relation to Electronic Signatures in Global and National Commerce Act.