Ohio Code 2137.08 – Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian all of the following:
Terms Used In Ohio Code 2137.08
- Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Ohio Code 2137.01
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated as agent, attorney in fact, or otherwise. See Ohio Code 2137.01
- Court: means the probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Ohio Code 2137.01
- 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: 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
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal. See Ohio Code 2137.01
- Principal: means an individual who grants authority to an agent in a power of attorney. See Ohio Code 2137.01
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(C) A certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(D) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account;
(2) Evidence linking the account to the principal.