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:
(1)
a written request for disclosure in physical or electronic form;
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Terms Used In Utah Code 75-11-109
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 Utah Code 75-11-102
Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75-11-102
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
Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75-11-102
(2)
an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3)
a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4)
if requested by the custodian:
(a)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
