North Dakota Code 47-36-13 – Disclosure of digital assets to conservator or guardian of protected person
1. After an opportunity for a hearing under section 30.1-29-07, the court may grant a conservator or guardian access to the digital assets of a protected person.
Terms Used In North Dakota Code 47-36-13
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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: 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 an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalog 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 or guardian 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 or guardian authority over the digital assets of the protected person; and
c. If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(2) Evidence linking the account to the protected person.
3. A conservator or guardian 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 or guardian authority over the protected person’s property.