Oregon Statutes 119.056 – Disclosure to conservator; court order
(1) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person.
Terms Used In Oregon Statutes 119.056
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to the conservator the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:
(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; and
(c) If requested by the custodian:
(A) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(B) Evidence linking the account to the protected person.
(3) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate the account of the protected person for good cause. A request made under this subsection must be accompanied by a certified copy of the court order giving the conservator authority over the protected person’s property. [2016 c.19 § 14]
[Amended by 1957 c.158 § 1; repealed by 1959 c.419 § 13]
[1959 c.419 § 11; 1973 c.703 § 4; repealed by 1977 c.666 § 36]
RIGHTS AND DUTIES OF PARTIES