HB 591 Summary

• Creates a new chapter in Hawaii Revised Statutes establishing fiduciary access rights to digital assets of deceased individuals, minors, incapacitated persons, and principals under power of attorney agreements.

• Grants personal representatives of decedents the right to access electronic communications (content and catalogues) and other digital assets held by the decedent at time of death.

• Allows guardians and agents under power of attorney to access digital assets with court approval (guardians) or through explicit authorization in the power of attorney document (agents), with restrictions on accessing electronic communication content without express authority.

• Authorizes trustees to access digital assets held in trust, with full access if the trustee is the original account holder and limited access (catalogues and specified content) if not.

• Voids terms-of-service restrictions on fiduciary access to digital assets unless the account holder separately agreed to such restrictions after July 1, 2021; establishes a 60-day compliance deadline for custodians responding to fiduciary requests.