SB 253 Summary

• Enacts the Revised Uniform Fiduciary Access to Digital Assets Act, establishing fiduciary access rights to digital assets including electronic communications, accounts, and stored information held by custodians.

• Allows users to direct custodians to disclose or prohibit disclosure of digital assets to designated recipients through online tools, wills, trusts, powers of attorney, or other records, with online tool directions overriding contrary provisions in other documents.

• Grants fiduciaries (personal representatives, trustees, guardians, and attorneys-in-fact) the right to access digital assets of decedents, protected persons, principals, and settlors, subject to custodian compliance within 60 days and court authorization requirements.

• Establishes that fiduciaries managing digital assets must comply with duties of care, loyalty, and confidentiality; cannot impersonate users; and are authorized users under computer fraud laws when acting within their scope of authority.

• Provides custodians immunity from liability for good faith compliance with the act and prohibits disclosure of certain electronic communications content without user consent, court order, or specific authorization in powers of attorney.