Ohio Code 1337.571 – Digital assets
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to digital assets causes the agent to be an authorized user for the purpose of applicable computer fraud and unauthorized computer access laws and authorizes the agent to do all of the following:
Terms Used In Ohio Code 1337.571
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fraud: Intentional deception resulting in injury to another.
- Personal property: All property that is not real property.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(A) Have access to any catalogue of electronic communications sent or received by the principal;
(B) Have access to any other digital asset in which the principal has a right or interest;
(C) Have the right to access any of the principal’s tangible personal property capable of receiving, storing, processing, or sending a digital asset;
(D) Take any action concerning the asset to the extent of the account holder’s authority;
(E) Have access to the content of electronic communications sent or received by the principal.