8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to a fiduciary's access to digital assets.
11 Highlighted Provisions:
12 This bill:
13 ▸ addresses hearing requirements related to disclosure of digital assets to a
14 conservator or guardian; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 75-11-114, as enacted by Laws of Utah 2017, Chapter 16
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 75-11-114 is amended to read:
26 75-11-114. Disclosure of digital assets to conservator or guardian of protected
28 (1) After an opportunity for a hearing under Chapter [
30 Their Property, the court may grant a conservator or guardian access to the digital assets of a
31 protected person.
32 (2) Unless otherwise ordered by the court or directed by the user, a custodian shall
33 disclose to a conservator or guardian the catalogue of electronic communications sent or
34 received by a protected person and any digital assets, other than the content of electronic
35 communications, in which the protected person has a right or interest if the conservator or
36 guardian gives the custodian:
37 (a) a written request for disclosure in physical or electronic form;
38 (b) a certified copy of the court order that gives the conservator or guardian authority
39 over the digital assets of the protected person; and
40 (c) if requested by the custodian:
41 (i) a number, username, address, or other unique subscriber or account identifier
42 assigned by the custodian to identify the account of the protected person; or
43 (ii) evidence linking the account to the protected person.
44 (3) A conservator or guardian with general authority to manage the assets of a
45 protected person may request a custodian of the digital assets of the protected person to
46 suspend or terminate an account of the protected person for good cause. A request made under
47 this section must be accompanied by a certified copy of the court order giving the conservator
48 or guardian authority over the protected person's property.
Legislative Review Note
Office of Legislative Research and General Counsel