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-3.8 - Disclosure of Digital Assets to Guardian of Ward
13-A-3.8 Disclosure of digital assets to guardian of ward(a) After an opportunity for a hearing concerning the appointment or authority of a guardian, the court may grant a guardian 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 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 ward 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 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 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 authority over the ward's property.
