Effective 9/1/2024
75A-6-109.  Disclosure of content of electronic communications of principal.
     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:

(1)	a written request for disclosure in physical or electronic form;

(2)	an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3)	a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4)	if requested by the custodian: (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (b) evidence linking the account to the principal.

Renumbered and Amended by Chapter 364, 2024 General Session