HB 591 Summary

• Establishes a new chapter in Hawaii Revised Statutes allowing fiduciaries (personal representatives, guardians, agents, and trustees) to access digital assets of decedents, minors, incapacitated individuals, and trust settlors.

• Personal representatives of deceased individuals and guardians of wards may access electronic communications, catalogues of communications, and other digital assets held by the decedent or ward, subject to federal privacy laws and court approval for guardians.

• Agents under powers of attorney can access digital assets if expressly authorized in the power of attorney document, and otherwise may access catalogues of electronic communications and other digital assets except content of communications.

• Trustees holding digital assets in trust have full access rights if they are the original account holder, or limited access to catalogues and other digital assets if they are not the original account holder.

• Voids any terms-of-service agreement provisions that restrict fiduciary access to digital assets unless the account holder separately agreed to such restrictions after July 1, 2021, and requires custodians to comply with fiduciary access requests within 60 days.