§ 33-27.1-14. Disclosure of digital assets to guardian or conservator of protected person.
(a) After an opportunity for a hearing under chapter 15 of title 33, the court may grant a guardian or conservator access to the digital assets of a protected person.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue 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 guardian or conservator gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the court order that gives the guardian or conservator authority over the digital assets of the protected person;
(3) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person;
(4) Evidence linking the account to the protected person; and
(5) A finding by the court that disclosure of the digital assets of the user is reasonably necessary for the performance of the duties of the guardian or conservator.
(c) A guardian or 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 section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the protected person’s property.
History of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 33-27.1-1. - Short title.
Section 33-27.1-2. - Definitions.
Section 33-27.1-3. - Applicability.
Section 33-27.1-4. - User direction for disclosure of digital assets.
Section 33-27.1-5. - Terms-of-service agreement.
Section 33-27.1-6. - Procedure for disclosing digital assets.
Section 33-27.1-7. - Disclosure of content of electronic communications of deceased user.
Section 33-27.1-8. - Disclosure of other digital assets of deceased user.
Section 33-27.1-9. - Disclosure of content of electronic communications of principal.
Section 33-27.1-10. - Disclosure of other digital assets of principal.
Section 33-27.1-11. - Disclosure of digital assets held in trust when trustee is original user.
Section 33-27.1-14. - Disclosure of digital assets to guardian or conservator of protected person.
Section 33-27.1-15. - Fiduciary duty and authority.
Section 33-27.1-16. - Custodian compliance and immunity.
Section 33-27.1-17. - Uniformity of application and construction.
Section 33-27.1-18. - Relation to Electronic Signatures in Global and National Commerce Act.