(a) After an opportunity for a hearing under §44A-1-1 et seq. of this code, the court may grant a 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 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 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 conservator authority over the digital assets of the protected person; 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 protected person; or
(B) Evidence linking the account to the protected person.
(c) A 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 conservator authority over the protected person’s property.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act
§44-5B-4. User Direction for Disclosure of Digital Assets
§44-5B-5. Terms of Service Agreement
§44-5B-6. Procedure for Disclosing Digital Assets
§44-5B-7. Disclosure of Content of Electronic Communications of Deceased User
§44-5B-8. Disclosure of Other Digital Assets of Deceased User
§44-5B-9. Disclosure of Content of Electronic Communications of Principal
§44-5B-10. Disclosure of Other Digital Assets of Principal
§44-5B-11. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§44-5B-13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§44-5B-14. Disclosure of Digital Assets to Conservator of Protected Person
§44-5B-15. Fiduciary Duty and Authority
§44-5B-16. Custodian Compliance and Immunity
§44-5B-17. Uniformity of Application and Construction
§44-5B-18. Relation to Electronic Signatures in Global and National Commerce Act