Illinois Compiled Statutes 755 ILCS 70/14 – Disclosure of contents of electronic communications and digital …
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Disclosure of contents of electronic communications and digital assets to guardian of person with a disability.
(a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets of a person with a disability to his or her guardian.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person with a disability and any digital assets, other than the content of electronic communications, in which the person with a disability has a right or interest if the guardian gives the custodian:
(1) a written request for disclosure in physical or
(a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets of a person with a disability to his or her guardian.
Terms Used In Illinois Compiled Statutes 755 ILCS 70/14
- 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.
- Probate: Proving a will
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a person with a disability and any digital assets, other than the content of electronic communications, in which the person with a disability has a right or interest if the guardian gives the custodian:
(1) a written request for disclosure in physical or
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electronic form;
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(2) a certified copy of the court order that gives
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the guardian authority over the digital assets of the person with a disability; and
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(3) if requested by the custodian:
(A) a number, username, address, or other unique
(A) a number, username, address, or other unique
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subscriber or account identifier assigned by the custodian to identify the account of the person with a disability; or
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(B) evidence linking the account to the person
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with a disability.
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(c) A guardian with general authority to manage the assets of a person with a disability may request a custodian of the digital assets of the person with a disability to suspend or terminate an account of the person with a disability 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 protected person’s property.