S.B. 358 Summary

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act to establish Ohio law governing access to digital assets by fiduciaries including agents, personal representatives, trustees, guardians, and designated recipients

• Authorizes agents under powers of attorney with general authority over digital assets to access electronic communications, digital assets, and tangible property containing digital information without requiring express authorization

• Establishes procedures for custodians to disclose digital assets to personal representatives, agents, trustees, and guardians upon receipt of proper documentation, with a 60-day compliance deadline

• Allows users to direct disclosure or nondisclosure of digital assets through online tools or through wills, trusts, powers of attorney, or other records; online tool directions override conflicting provisions in other documents

• Applies fiduciary duties of care, loyalty, and confidentiality to management of digital assets while prohibiting fiduciaries from impersonating users and limiting access to terms-of-service agreements and applicable law