Terms Used In Vermont Statutes > Title 14 > Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act

• 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
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Carries: means engages in the transmission of an electronic communication. See
• Catalogue of electronic communications: means information that identifies each person with whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Content of an electronic communication: means information concerning the substance or meaning of a communication that:

• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the Probate Division of the Superior Court of Vermont. See
• Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See
• Decedent: A deceased person.
• Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See
• Digital asset: means an electronic record in which an individual has a right or interest. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
• Electronic-communication service: means a custodian who provides to a user the ability to send or receive an electronic communication. See
• 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.
• Executor: A male person named in a will to carry out the decedent
• Executor: includes administrator with the will annexed. See
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: includes executor, administrator, special administrator, trustee, conservator, guardian of a minor, guardian of a spendthrift, voluntary guardian of a person who has an infirmity and total or limited guardian of an adult with a developmental disability, but excludes one who is merely a guardian ad litem. See
• Fiduciary: means an original, additional, or successor personal representative, guardian, agent, or trustee. See
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• 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: means a person appointed by a court to manage the estate of a living individual. See
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See
• Informed consent: means the consent given voluntarily by an individual with capacity after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care. See
• Interested person: means a responsible adult who has a direct interest in a person in need of guardianship and includes the person in need of guardianship, a near relative, a close friend, a guardian, public official, social worker, physician, agent named in an advance directive or in a power of attorney, person nominated as guardian in an advance directive, or member of the clergy. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Near relative: means a parent, stepparent, brother, sister, grandparent, spouse, domestic partner, or adult child. See
• Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See
• Person in need of guardianship: means a person who:

• Person under guardianship: means a person in need of guardianship for whom a guardianship order has been issued. See
• Person under guardianship: means an individual for whom a guardian has been appointed. See
• Personal property: All property that is not real property.
• Personal representative: means an executor, administrator, or special administrator, or a person who performs substantially the same function as an executor, administrator, or special administrator under law of this State other than this chapter. See
• 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 record that grants an agent authority to act in the place of a principal. See
• Principal: means an individual who grants authority to an agent in a power of attorney. See
• Probate: Proving a will
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See
• Remote-computing service: means a custodian who provides a user with computer-processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U. See
• Respondent: means a person who is the subject of a petition filed pursuant to section 3063 of this title or a person under guardianship who is the subject of any subsequent petition, motion, or action filed pursuant to this subchapter. See
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See
• User: means a person who has an account with a custodian. See