CA SB1458

Expands the definition of "fiduciary" to include conservators and agents (attorneys-in-fact), in addition to personal representatives and trustees, effective January 1, 2025

Allows agents with power of attorney authority to access digital assets and electronic communications of the principal, including content of emails if expressly authorized in the power of attorney

Allows conservators appointed by courts to access catalogues of electronic communications and digital assets (but not content of communications) of conservatees upon providing court-ordered authority documentation

Requires custodians to comply with fiduciary requests for disclosure or account termination within 60 days, and permits custodians to require court orders finding the account belongs to the applicable user and there is sufficient consent for disclosure

Extends fiduciary duties of care, loyalty, and confidentiality to digital asset management and makes fiduciaries authorized users under computer fraud laws when acting within their authority