HB 108 Summary: Fiduciary Access to Digital Assets

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act (AS 13.63), establishing procedures for fiduciaries and designated recipients to access and manage digital assets of deceased persons, protected persons, principals, and beneficiaries of trusts.

• Allows users to direct custodians via online tools whether to disclose digital assets and electronic communications to fiduciaries, with user directions overriding contrary provisions in terms-of-service agreements.

• Requires custodians to disclose digital assets and electronic communications to personal representatives, agents, trustees, and conservators within 60 days upon receipt of proper documentation, including death certificates, court orders, powers of attorney, or trust instruments.

• Amends the statutory power of attorney form (AS 13.26.645) to add an optional checkbox allowing principals to grant agents authority over the content of electronic communications as defined in 18 U.S.C. 2510(12).

• Grants custodians immunity from liability for good faith compliance with the Act and permits them reasonable administrative charges for disclosing digital assets.