SB 368 Summary

• Enacts the Uniform Fiduciary Access to Digital Assets Act to allow fiduciaries (personal representatives, guardians, agents, and trustees) to access, control, and copy digital assets of deceased or incapacitated persons.

• Grants personal representatives of decedents the right to access electronic communications, catalogues of communications, and other digital assets without court order unless restricted by the decedent's will.

• Requires guardians to obtain court authorization before accessing digital assets of protected persons, with courts considering what decision the protected person would have made.

• Allows agents under power of attorney to access digital assets if expressly authorized, and authorizes attorneys-in-fact with general authority over electronic records to access the principal's digital communications and accounts.

• Imposes a 60-day compliance deadline for custodians to respond to fiduciary requests for digital asset access and voids contractual restrictions that limit fiduciary access agreed to after June 30, 2015.

• Effective July 1, 2015.