{"data":{"id":"us-ky/krs-395a.150","jurisdiction":"us-ky","citation":"KRS 395A.150","heading":"Fiduciary duty and authority.","body":"(1) The legal duties imposed on a fiduciary charged with managing tangible property\napply to the management of digital assets, including:\n(a) The duty of care;\n(b) The duty of loyalty; and\n(c) The duty of confidentiality.\n(2) A fiduciary's or designated recipi ent's authority with respect to a digital asset of a\nuser:\n(a) Except as otherwise provided in KRS 395A.040, is subject to the applicable\nterms of service;\n(b) Is subject to other applicable law, including copyright law;\n(c) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n(d) May not be used to impersonate the user.\n(3) A fiduciary with authority over the property of a decedent, protected person,\nprincipal, or settlor has the right to access any digital asset in which the decedent,\nprotected person, principal, or settlor had a right or interest and that is not held by a\ncustodian or subject to a terms-of-service agreement.\n(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of\nthe property of the decedent, protected person, principal, or settlor for the purpose\nof applicable computer fraud and unauthorized computer access laws, including\nKRS 434.840 to 434.860.\n(5) A fiduciary with authority over the tangible, personal property of a decede nt,\nprotected person, principal, or settlor:\n(a) Has the right to access the property and any digital asset stored in it; and\n(b) Is an authorized user for the purpose of computer fraud and unauthorized\ncomputer access laws, including KRS 434.840 to 434.860.\n(6) A custodian may disclose information in an account to a fiduciary of the user when\nthe information is required to terminate an account used to access digital assets\nlicensed to the user.\n(7) A fiduciary of a user may request a custodian to terminate the user's account. A\nrequest for termination must be in writing, in either physical or electronic form, and\naccompanied by:\n(a) If the user is deceased, a certified copy of the death certificate of the user;\n(b) A certified copy of the order of appointment of the personal representative, the\norder dispensing with administration pursuant to KRS 395.455, power of\nattorney, trust, or other court order giving the fiduciary authority over the\naccount; and\n(c) If requested by the custodian:\n1. A number, username, address, or other unique subscriber or account\nidentifier assigned by the custodian to identify the user's account;\n2. Evidence linking the account to the user; or\n3. A finding by the court that the user had a specific account with the\ncustodian, identifiable by the information specified in subparagraph 1. of\nthis paragraph.","path":["KRS Chapter 395A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50233","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:27Z","sha256":"2d8892e31b768782f12df276a0d7dfafcc2cf3800df19c975ae4efdf9646856b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-395a.140","next":"us-ky/krs-395a.160"},"notice":"GroundRules: Original legal text. Not legal advice."}