2018 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-114. Disclosure of digital assets to guardian of estate

Universal Citation: AR Code § 28-75-114 (2018)
  • (a) After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward.

  • (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the guardian of the estate gives the custodian:

    • (1) a written request for disclosure in physical or electronic form;

    • (2) a certified copy of the court order that gives the guardian of the estate authority over the digital assets of the ward; and

    • (3) if requested by the custodian:

      • (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or

      • (B) evidence linking the account to the ward.

  • (c) A guardian of the estate with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian of the estate authority over the ward's property.

Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.