Sec. 10. (a) IC 32-39-2-11 applies to the right of a guardian to access:

(1) the content of an electronic communication;

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Terms Used In Indiana Code 29-3-8-10

  • 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.
(2) a catalogue of electronic communications; or

(3) any other digital asset;

of a protected person.

     (b) This article:

(1) does not confer upon a guardian the power to access:

(A) the content of an electronic communication;

(B) a catalogue of electronic communications; or

(C) any other digital asset;

of a protected person unless a court expressly confers the power upon the guardian under IC 29-3-9-4.1; and

(2) confers upon a guardian the power to access:

(A) the content of an electronic communication;

(B) a catalogue of electronic communications; or

(C) any other digital asset;

of a protected person only to the extent that the court expressly confers the power upon the guardian under IC 29-3-9-4.1.

     (c) For purposes of section 8 of this chapter, a power expressly conferred by a court upon a guardian under IC 29-3-9-4.1 is considered an additional responsibility and power within the meaning of section 8(a)(1) of this chapter.

As added by P.L.137-2016, SEC.6.