Indiana Code 32-39-1-1. Applicability of article

Sec. 1. (a) This article applies to the following:

(1) A fiduciary acting under a will or power of attorney, regardless of when the will or power of attorney was executed.

carries: means engages in the transmission of an electronic communication. See Indiana Code 32-39-1-4
custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
Decedent: A deceased person.
digital asset: means an electronic record in which an individual has a right or interest. See Indiana Code 32-39-1-10
personal representative: means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. See Indiana Code 32-39-1-19
power of attorney: means a record that grants an attorney in fact authority to act in the place of a principal. See Indiana Code 32-39-1-20
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}
user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27

(2) A personal representative acting for a decedent, regardless of the date of death of the decedent.

(3) A guardianship proceeding, regardless of when the guardianship proceeding commenced or whether the guardianship proceeding is pending.

(4) A trustee acting under a trust, regardless of when the trust was created.

(b) This article applies to a custodian that carries, maintains, processes, receives, or stores a digital asset of a user if the user:

(1) resides in Indiana; or

(2) resided in Indiana at the time of the user’s death.

(c) This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.

As added by P.L.137-2016, SEC.14.