Michigan Laws 700.1010 – Disclosure of other digital assets of principal
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Terms Used In Michigan Laws 700.1010
- Account: means an arrangement under a terms-of-service agreement in which the digital custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Michigan Laws 700.1002
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Michigan Laws 700.1002
- 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 Michigan Laws 700.1002
- Court: means the probate court or, when applicable, the circuit court. See Michigan Laws 700.1002
- Digital custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Michigan Laws 700.1002
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 700.1002
- 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.
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Michigan Laws 700.1002
- 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
- Principal: means a person that grants authority to an agent in a power of attorney. See Michigan Laws 700.1002
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a digital custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and any digital assets, other than the content of electronic communications, of the principal if the agent gives to the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) An original or a copy of the power of attorney that gives the agent authority over digital assets or general authority to act on behalf of the principal.
(c) An affidavit from the agent under section 5505 of the estates and protected individuals code, 1998 PA 386, MCL 700.5505.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the principal’s account.
(ii) Evidence linking the account to the principal.