(A) After an opportunity for a hearing, the court may grant a guardian access to the digital assets of a ward.

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Terms Used In Ohio Code 2137.13

  • 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
  • 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 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.
  • 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: includes , but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111. See Ohio Code 2137.01
  • User: means a person that has an account with a custodian. See Ohio Code 2137.01
  • Ward: includes a person for whom a conservator has been appointed by the probate court in an order of conservatorship issued pursuant to section 2111. See Ohio Code 2137.01

(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 guardian gives the custodian all of the following:

(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 ward;

(3) If requested by the custodian, either of the following:

(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward;

(b) Evidence linking the account to the ward.

(C) A guardian of the 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 shall be accompanied by a copy of the court order giving the guardian authority over the ward.