2018 Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 1 - Definitions and General Provisions
§ 64.2-128. Disclosure of digital assets to conservator or guardian of protected person

Universal Citation: VA Code § 64.2-128 (2018)

A. After an opportunity for a hearing under Chapter 20 (ยง 64.2-2000 et seq.), the court may grant a conservator or guardian 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 or guardian the catalog 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:

1. A written request for disclosure in physical or electronic form;

2. A certified copy of the court order that gives the conservator or guardian 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 or a guardian with specific authority granted by the court 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 or guardian authority over the protected person's property.

2017, cc. 33, 80.

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