(a) After an opportunity for a hearing under Alaska Stat. § 13.26.401 – 13.26.595, the superior court may grant a conservator access to the digital assets of a protected person except that, if the conservator is a guardian with the powers and duties of a conservator under Alaska Stat. § 13.26.316 (c), the superior court may grant the conservator access to the digital assets of a protected person after an opportunity for a hearing under Alaska Stat. § 13.26.201 – 13.26.316.
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Terms Used In Alaska Statutes 13.63.110

  • 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: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
(b) Unless otherwise ordered by the superior court or directed by the user, a custodian shall disclose to a conservator 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 gives the custodian

(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the superior 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 subsection must be accompanied by a certified copy of the superior court order giving the conservator authority over the protected person’s property.
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