§10-114. Disclosure of digital assets to conservator of protected person
1. Court order granting access. After an opportunity for a hearing under Article 5, Part 4, the court may grant a conservator access to the digital assets of a protected person.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2. Disclosure by custodian. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalog of electronic communications sent or received by a 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 conservator gives the custodian:
A. A written request for disclosure in physical or electronic form; [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. If requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(2) Evidence linking the account to the protected person. [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3. Request to suspend or terminate account. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection must be accompanied by a copy of the court order giving the conservator authority over the protected person's property.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
Structure Maine Revised Statutes
Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
18-C §10-104. User direction for disclosure of digital assets
18-C §10-105. Terms of service agreement
18-C §10-106. Procedure for disclosing digital assets
18-C §10-107. Disclosure of content of electronic communications of deceased user
18-C §10-108. Disclosure of other digital assets of deceased user
18-C §10-109. Disclosure of content of electronic communications of principal
18-C §10-110. Disclosure of other digital assets of principal
18-C §10-111. Disclosure of digital assets held in trust when trustee is original user
18-C §10-113. Disclosure of other digital assets held in trust when trustee is not original user
18-C §10-114. Disclosure of digital assets to conservator of protected person
18-C §10-115. Fiduciary duty and authority
18-C §10-116. Custodian compliance and immunity
18-C §10-117. Uniformity of application and construction
18-C §10-118. Relation to Electronic Signatures in Global and National Commerce Act