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Utah Code
2017 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 11 - Uniform Fiduciary Access to Digital Assets Act
Section 114 - Disclosure of digital assets to conservator or guardian of protected person.
Universal Citation:
UT Code § 75-11-114 (2017)
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Effective 5/9/2017
75-11-114. Disclosure of digital assets to conservator or guardian of protected person.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
75-11-114. Disclosure of digital assets to conservator or guardian of protected person.
- (1) After an opportunity for a hearing under Chapter 5b, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, the court may grant a conservator or guardian access to the digital assets of a protected person.
- (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian 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 or guardian gives the custodian:
- (a) a written request for disclosure in physical or electronic form;
- (b) a certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
- (c) if requested by the custodian:
- (i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
- (ii) evidence linking the account to the protected person.
- (3) A conservator or guardian 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 must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
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