2017 New York Laws
EPT - Estates, Powers & Trusts
Article 13-A - Administration of Digital Assets Summary of Article
Part 3 - Disclosure of Digital Assets to Fiduciary
13-A-3.3 - Disclosure of Content of Electronic Communications of Principal
13-A-3.3 Disclosure of content of electronic communications ofprincipal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(a) a written request for disclosure in physical or electronic form;
(b) a copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(c) an affidavit in which the affiant attests that the copy is an accurate copy of the original power of attorney and that, to the best of the affiant's knowledge, the power remains in effect; and
(d) if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) evidence linking the account to the principal.
