Montana Code 72-31-413. Disclosure of digital assets to conservator of protected person
72-31-413. Disclosure of digital assets to conservator of protected person. (1) After an opportunity for a hearing under 72-5-408, the court may grant a conservator access to the digital assets of a protected person.
Terms Used In Montana Code 72-31-413
- 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 Montana Code 72-31-402
- 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 Montana Code 72-31-402
- Conservator: means a person appointed by a court to manage the estate of a living individual. See Montana Code 72-31-402
- Court: means the district court having jurisdiction in matters relating to the content of this part. See Montana Code 72-31-402
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-402
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Montana Code 72-31-402
- Property: means real and personal property. See Montana Code 1-1-205
- Protected person: means an individual for whom a conservator has been appointed. See Montana Code 72-31-402
- User: means a person that has an account with a custodian. See Montana Code 72-31-402
(2)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:
(a)a written request for disclosure in physical or electronic form;
(b)a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and
(c)if requested by the custodian:
(i)a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(ii)evidence linking the account to the protected person.
(3)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.