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2019 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 554-A - Revised Uniform Fiduciary Access to Digital Assets Act
Section 554-A:14 - Disclosure of Digital Assets to Conservator, Guardian of the Estate, or Other Duly Authorized Person of Protected Person.
Universal Citation: NH Rev Stat § 554-A:14 (2019)
554-A:14 Disclosure of Digital Assets to Conservator, Guardian of the Estate, or Other Duly Authorized Person of Protected Person. –
(a) After an opportunity for a hearing under RSA 464-A, the court may grant a conservator, guardian of the estate, or any other person access to the digital assets of a protected person.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator, guardian of the estate, or other person so ordered by the court the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator, guardian of the estate, or other person so ordered by the court 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 conservator, guardian of the estate, or other person authority over the digital assets of the protected person; 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 protected person; or
(B) Evidence linking the account to the protected person.
(c) A conservator, guardian of the estate, or other person with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator, guardian of the estate, or other person authority over the protected person's property.
(a) After an opportunity for a hearing under RSA 464-A, the court may grant a conservator, guardian of the estate, or any other person access to the digital assets of a protected person.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator, guardian of the estate, or other person so ordered by the court the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator, guardian of the estate, or other person so ordered by the court 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 conservator, guardian of the estate, or other person authority over the digital assets of the protected person; 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 protected person; or
(B) Evidence linking the account to the protected person.
(c) A conservator, guardian of the estate, or other person with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator, guardian of the estate, or other person authority over the protected person's property.
Source. 2019, 140:1, eff. June 25, 2019.
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