Iowa Code 638.14 – Disclosure of digital assets to conservator or guardian of a ward
Current as of: 2023 | Check for updates
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1. After an opportunity for a hearing to all interested parties, the court may grant a conservator or guardian access to the digital assets of a ward.
Terms Used In Iowa Code 638.14
- Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Iowa Code 638.2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalogue 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 Iowa Code 638.2
- Conservator: includes a person appointed to have the custody and control of the property of a ward in a limited conservatorship unless otherwise provided by order of the court. See Iowa Code 638.2
- Court: means a district court in this state. See Iowa Code 638.2
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Iowa Code 638.2
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Iowa Code 638.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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.
- Guardian: includes a person appointed to have the custody and care of the person of the ward in a limited guardianship unless otherwise provided by order of the court. See Iowa Code 638.2
- User: means a person that has an account with a custodian. See Iowa Code 638.2
- Ward: includes an individual for whom an application for the appointment of a conservator or guardian is pending and for which a court order authorizing access under this chapter has been granted. See Iowa Code 638.2
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the conservator or guardian gives the custodian all of the following:
a. A written request for disclosure in physical or electronic form.
b. A file-stamped copy of the court order that gives the conservator or guardian authority over the digital assets of the ward.
c. If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward.
(2) Evidence linking the account to the ward.
3. If the conservatorship or guardianship is not limited, the conservator or guardian 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 file-stamped copy of the court order establishing the conservatorship or guardianship.