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: Laws 2017, ch. 72, § 9.
Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 9 effective January 1, 2018.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 13 - Revised Uniform Fiduciary Access to Digital Assets
Section 46-13-1 - Short title.
Section 46-13-2 - Definitions.
Section 46-13-3 - Applicability.
Section 46-13-4 - User direction for disclosure of digital assets.
Section 46-13-5 - Terms-of-service agreement.
Section 46-13-6 - Procedure for disclosing digital assets.
Section 46-13-7 - Disclosure of content of electronic communications of deceased user.
Section 46-13-8 - Disclosure of other digital assets of a deceased user.
Section 46-13-9 - Disclosure of content of electronic communications of principal.
Section 46-13-10 - Disclosure of other digital assets of principal.
Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.
Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.
Section 46-13-15 - Fiduciary duty and authority.
Section 46-13-16 - Custodian compliance and immunity.
Section 46-13-17 - Uniformity of application and construction.
Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.