(a)  After an opportunity for a hearing under chapter 15 of Title 33, the court may grant a guardian or conservator access to the digital assets of a protected person.

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Terms Used In Rhode Island General Laws 33-27.1-14

  • 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.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue 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 guardian or conservator 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 or conservator authority over the digital assets of the protected person;

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

(4)  Evidence linking the account to the protected person; and

(5)  A finding by the court that disclosure of the digital assets of the user is reasonably necessary for the performance of the duties of the guardian or conservator.

(c)  A guardian or 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 an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the protected person’s property.

History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.