Sec. 14.
(1) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person.
(2) Unless otherwise ordered by the court or directed by the user, a digital custodian shall disclose to a conservator the catalogue of electronic communications sent or received by the protected person and any digital asset, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person.
(c) 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 account of the protected person.
(ii) Evidence linking the account to the protected person.
(3) A conservator may request a digital custodian of digital assets of a 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 certified copy of the conservator's letters of authority or other order appointing the conservator.
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.