Senate Bill 1055 Summary

• Adds Chapter 14 to Title 15 of Idaho Code establishing the Uniform Fiduciary Access to Digital Assets Act to govern access to digital assets by fiduciaries including personal representatives, conservators, agents, and trustees.

• Grants personal representatives access to electronic communications and digital assets of decedents; allows conservators court-authorized access to digital assets of protected persons; permits agents to access digital assets if authorized by power of attorney; and enables trustees to access trust digital assets.

• Requires custodians to comply with fiduciary access requests within 60 days if accompanied by appropriate documentation such as letters of appointment, court orders, powers of attorney, or trust certifications.

• Voids any terms of service agreement provisions that limit fiduciary access to digital assets unless the account holder affirmatively agrees to such limitations after the act's effective date, and declares choice of law provisions unenforceable if they would restrict fiduciary access.

• Provides immunity to custodians and their employees for acts or omissions done in good faith in compliance with the chapter.