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HI SB2298
Bill
Status
6/30/2016
Primary Sponsor
Gil Keith-agaran
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AI Summary
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Adopts the Revised Uniform Fiduciary Access to Digital Assets Act (2016) to establish procedures for managing and accessing digital assets of deceased persons, incapacitated individuals, and principals under powers of attorney.
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Allows users to direct custodians through 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.
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Grants fiduciaries (personal representatives, conservators, agents, and trustees) authority to access and manage digital assets according to their fiduciary duties and the scope of their authority, subject to terms-of-service agreements and applicable law.
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Requires custodians to disclose digital assets and electronic communications within 60 days of receiving proper documentation from fiduciaries, including death certificates, letters of appointment, powers of attorney, or court orders as applicable.
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Provides custodians immunity from liability for good faith compliance with the Act and limits their obligations when disclosure would violate federal law or create undue burden, with provisions for court orders to resolve disputes.
Legislative Description
Uniform Acts; Uniform Fiduciary Access to Digital Assets Act; Digital Assets
Last Action
Act 162, 06/29/2016 (Gov. Msg. No. 1264).
6/30/2016