§ 3564. Disclosure of digital assets to guardian of person under guardianship
(a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person under guardianship, and any digital assets other than the content of electronic communications in which the person under guardianship has a right or interest, if the guardian 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 authority over the digital assets of the person under guardianship; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person under guardianship; or
(B) evidence linking the account to the person under guardianship.
(c) A guardian with general authority to manage the assets of a person under guardianship may request a custodian of the digital assets of the person under guardianship to suspend or terminate an account of the person under guardianship for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the guardian authority over the protected person’s property. (Added 2017, No. 13, § 1.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act
§ 3554. User direction for disclosure of digital assets
§ 3555. Terms-of-service agreement
§ 3556. Procedure for disclosing digital assets
§ 3557. Disclosures of content of electronic communications of deceased user
§ 3558. Disclosure of other digital assets of deceased user
§ 3559. Disclosure of content of electronic communications of principal
§ 3560. Disclosure of other digital assets of principal
§ 3561. Disclosure of digital assets held in trust when trustee is original user
§ 3563. Disclosure of other digital assets held in trust when trustee not original user
§ 3564. Disclosure of digital assets to guardian of person under guardianship
§ 3565. Fiduciary duty and authority
§ 3566. Custodian compliance and immunity
§ 3567. Uniformity of application and construction
§ 3568. Relation to electronic signatures in Global and National Commerce Act