Florida Statutes 740.04 – Disclosure of digital assets to guardian of ward
Current as of: 2023 | Check for updates
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(1) After an opportunity for a hearing under chapter 744, the court may grant a guardian access to the digital assets of a ward.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog of electronic communications sent or received by the ward and any digital assets in which the ward has a right or interest, other than the content of electronic communications, if the guardian gives the custodian:
(a) A written request for disclosure which is in physical or electronic form;
Terms Used In Florida Statutes 740.04
- Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Florida Statutes 740.002
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalog 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 Florida Statutes 740.002
- Court: means a circuit court of this state. See Florida Statutes 740.002
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Florida Statutes 740.002
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 740.002
- Guardian: means a person who is appointed by the court as guardian of the property of a minor or an incapacitated individual. See Florida Statutes 740.002
- 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.
- User: means a person that has an account with a custodian. See Florida Statutes 740.002
- Ward: means an individual for whom a guardian has been appointed. See Florida Statutes 740.002
(b) A certified copy of letters of plenary guardianship of the property or the court order that gives the guardian authority over the digital assets of the ward; 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 ward’s account; or
2. Evidence linking the account to the ward.
(3) A guardian with general authority to manage the property of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property.