N.Y. Estates, Powers & Trusts Law Section 13-A-3.8
Disclosure of digital assets to guardian of ward

§ 13-A-3.8 Disclosure of digital assets to guardian of ward (a) After an opportunity for a hearing concerning the appointment or authority of a guardian, the court may grant a guardian access to the digital assets of a ward.

(b)

Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the ward 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 guardian authority over the digital assets of the ward; 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 ward; or (B) evidence linking the account to the ward.

(c)

A guardian with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property.

Source: Section 13-A-3.8 — Disclosure of digital assets to guardian of ward, https://www.­nysenate.­gov/legislation/laws/EPT/13-A-3.­8 (updated Oct. 7, 2016; accessed May 4, 2024).

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Accessed:
May 4, 2024

Last modified:
Oct. 7, 2016

§ 13-A-3.8’s source at nysenate​.gov

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