Sec. 9.
To the extent a power of attorney 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 digital custodian shall disclose to the agent the content of electronic communication if the agent gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) An original or copy of the power of attorney granting the agent the authority over the content of electronic communications of the principal.
(c) An affidavit from the agent under section 5505 of the estates and protected individuals code, 1998 PA 386, MCL 700.5505.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the principal's account.
(ii) Evidence linking the account to the principal.
History: 2016, Act 59, Eff. June 27, 2016
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 59 of 2016 - Fiduciary Access to Digital Assets Act (700.1001 - 700.1018)
Section 700.1001 - Short Title.
Section 700.1002 - Definitions.
Section 700.1003 - Applicability
Section 700.1006 - Disclosure of Digital Assets by Digital Custodian; Requirements.
Section 700.1008 - Disclosure of Other Digital Assets of Deceased User to Personal Representative.
Section 700.1009 - Disclosure of Content of Electronic Communications Sent or Received by Principal.
Section 700.1010 - Disclosure of Other Digital Assets of Principal.
Section 700.1012 - Disclosure of Content of Electronic Communication When Trustee Not Original User.
Section 700.1013 - Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.
Section 700.1014 - Disclosure of Protected Person's Digital Assets to Conservator.
Section 700.1015 - Duties and Authority of Fiduciary.
Section 700.1016 - Digital Custodian; Compliance; Liability; Immunity.
Section 700.1018 - Electronic Signatures in Global and National Commerce Act; Effect.