HB 5606 Summary

• Establishes the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, effective October 1, 2016, allowing fiduciaries (executors, conservators, agents, trustees) and designated recipients to access digital assets of deceased or incapacitated individuals

• Users may direct custodians via online tools to disclose or prohibit disclosure of digital assets and electronic communications to designated recipients, with such directions overriding contrary provisions in wills, trusts, or powers of attorney

• Custodians must disclose digital assets and catalogues of electronic communications to executors, agents, trustees, and conservators within 60 days upon receipt of proper documentation (death certificate, appointment certificate, power of attorney, trust document, etc.)

• Fiduciaries managing digital assets must comply with duties of care, loyalty, and confidentiality; custodians may charge reasonable administrative fees and are immune from liability for good-faith compliance with the act

• Repeals section 45a-334a of the general statutes and clarifies that the act modifies but does not supersede the Electronic Signatures in Global and National Commerce Act