Iowa Code 638.3 – Applicability

1. This chapter applies to all of the following:

a. A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017.

b. A personal representative acting for a decedent who died before, on, or after July 1, 2017.

c. A conservator or guardian acting for a ward on or after July 1, 2017.

d. A trustee acting under a trust created before, on, or after July 1, 2017.

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
Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Iowa Code 638.2
Decedent: A deceased person.
Digital asset: means an electronic record in which an individual has a right or interest. 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
Personal representative: means the same as defined in section 633. See Iowa Code 638.2
State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.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. This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.

3. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.