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CO HB1189
Bill
Status
3/12/2015
Primary Sponsor
Jon Keyser
Click for details
AI Summary
HB15-1189: Colorado Uniform Fiduciary Access to Digital Assets Act
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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.
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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.
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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.
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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.
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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