Indiana Code 32-39-2-11. Disclosure of digital assets to guardian of protected person
(b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the 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 gives the custodian:
Terms Used In Indiana Code 32-39-2-11
- account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Indiana Code 32-39-1-2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Indiana Code 32-39-1-5
- court: means :
Indiana Code 32-39-1-7
- custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
- electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- guardian: means a person appointed by a court to manage the estate of a living individual. See Indiana Code 32-39-1-15
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means :
Indiana Code 32-39-1-18
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- protected person: means an individual for whom a guardian has been appointed. See Indiana Code 32-39-1-22
- user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
(2) a certified copy of the court order giving the guardian 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 identifier 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 guardian with general authority to manage the assets of a protected person may, for good cause, request that the custodian of the digital assets of the protected person suspend or terminate an account of the protected person. A request made under this subsection must be accompanied by a certified copy of the court order giving the guardian authority over the protected person’s property.
As added by P.L.137-2016, SEC.14.