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