2017 New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 13 - Revised Uniform Fiduciary Access to Digital Assets
Section 46-13-14 - Disclosure of digital assets to conservator of a protected person. (Effective January 1, 2018.)
46-13-14. Disclosure of digital assets to conservator of a protected person. (Effective January 1, 2018.)
A. After an opportunity for a hearing under Chapter 45, Article 5 NMSA 1978, the court may grant a conservator 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 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 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 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 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 authority over the protected person's property.
History: Laws 2017, ch. 72, 14.
