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CO HB1189

Bill

Status

Failed

3/12/2015

Primary Sponsor

Jon Keyser

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

HB15-1189: Colorado Uniform Fiduciary Access to Digital Assets Act

  • Enacts the "Uniform Fiduciary Access to Digital Assets Act" as Colorado law, establishing conditions under which fiduciaries (personal representatives, conservators, agents, and trustees) may access digital assets of principals and decedents.

  • Grants personal representatives automatic right to access electronic communications content, catalogs of electronic communications, and other digital assets of decedents, subject to court orders or will provisions.

  • Requires conservators to obtain court approval after a hearing to access protected persons' digital assets, while agents and trustees may access digital assets if granted authority through power of attorney or trust documents.

  • Voids terms-of-service agreement provisions that restrict fiduciary access to digital assets unless the account holder agrees to such restrictions through a separate affirmative act after the law's effective date.

  • Requires custodians to comply with fiduciary access requests within 60 days when accompanied by proper documentation (certified letters of appointment, court orders, powers of attorney, or trust certifications), and provides custodians immunity for good-faith compliance.

Legislative Description

Uniform Act Fiduciary Access To Digital Access

Last Action

House Committee on Judiciary Postpone Indefinitely

3/12/2015

Committee Referrals

Judiciary1/29/2015

Full Bill Text

No bill text available