New Jersey Statutes 3B:14-61.14. Disclosure of digital assets to guardian of incapacitated person
Terms Used In New Jersey Statutes 3B:14-61.14
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
a. After an opportunity for a hearing under N.J.S. 3B:12-1 et seq., the court may grant a guardian access to the digital assets of an incapacitated person.
b. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the incapacitated person and any digital assets, other than the content of electronic communications, in which the incapacitated person has a right or interest if the guardian gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the court order that gives the guardian authority over the digital assets of the incapacitated person; and
(3) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the incapacitated person; or
(b) evidence linking the account to the incapacitated person.
c. A guardian with general authority to manage the assets of an incapacitated person may request a custodian of the digital assets of the incapacitated person to suspend or terminate an account of the incapacitated person for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the incapacitated person’s property.
L.2017, c.237, s.14.