58-4809. Disclosure of content of electronic communications of principal. 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 court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(c) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(d) if requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
History: L. 2017, ch. 19, ยง 9; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015)
58-4804 User direction for disclosure of digital assets.
58-4805 Terms-of-service agreement.
58-4806 Procedure for disclosing digital assets.
58-4807 Disclosure of content of electronic communications of deceased user.
58-4808 Disclosure of other digital assets of deceased user.
58-4809 Disclosure of content of electronic communications of principal.
58-4810 Disclosure of other digital assets of principal.
58-4811 Disclosure of digital assets held in trust when trustee is original user.
58-4813 Disclosure of other digital assets held in trust when trustee is not original user.
58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.
58-4815 Fiduciary duty and authority.
58-4816 Custodian compliance and immunity.
58-4817 Uniformity of application and construction.
58-4818 Relation to electronic signatures in global and national commerce act.