Michigan Laws 700.1014 – Disclosure of protected person’s digital assets to conservator
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 700.1014
- 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
- 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
- Conservator: means a person that is appointed by a court to manage all or part of the estate of a protected person. See Michigan Laws 700.1002
- Court: means the probate court or, when applicable, the circuit court. See Michigan Laws 700.1002
- Digital asset: means an electronic record in which a user has a right or interest. 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.
- Letters: means that term as described in section 1105 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
- Person: means that term as defined in section 1106 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 700.1002
- Protected person: includes any of the following:
(i) A protected individual. See Michigan Laws 700.1002User: means a person that has an account with a digital custodian. See Michigan Laws 700.1002
(1) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person.
(2) Unless otherwise ordered by the court or directed by the user, a digital custodian shall disclose to a conservator the catalogue of electronic communications sent or received by the protected person and any digital asset, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person.
(c) 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 account of the protected person.
(ii) Evidence linking the account to the protected person.
(3) A conservator may request a digital custodian of digital assets of a protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection must be accompanied by a certified copy of the conservator’s letters of authority or other order appointing the conservator.