Va. Code § 64.2-128: Disclosure of digital assets to conservator or guardian of protected person
Where this section sits in the code
- Title 64.2. WILLS, TRUSTS, AND FIDUCIARIES
- Subtitle I. GENERAL PROVISIONS
- Chapter 1. DEFINITIONS AND GENERAL PROVISIONS
- Article 3.1. UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
A. After an opportunity for a hearing under Chapter 20 (§ 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; and3. 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; orb. 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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