N.Y. Estates, Powers and Trusts Law 13-A-3.8 – Disclosure of digital assets to guardian of ward
§ 13-A-3.8 Disclosure of digital assets to guardian of ward
Terms Used In N.Y. Estates, Powers and Trusts Law 13-A-3.8
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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.
(a) After an opportunity for a hearing concerning the appointment or authority of a guardian, the court may grant a guardian access to the digital assets of a ward.
(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 a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the ward gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the court order that gives the guardian authority over the digital assets of the ward; 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 ward; or
(B) evidence linking the account to the ward.
(c) A guardian with general authority to manage the assets of a ward 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 certified copy of the court order giving the guardian authority over the ward's property.