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§ 15-613. Disclosure of digital assets to guardian of protected person

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2016

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
Effective: October 1, 2016
MD Code, Estates and Trusts, § 15-613
§ 15-613. Disclosure of digital assets to guardian of protected person
Hearing
(a) After an opportunity for hearing under Title 13, Subtitle 2 or Title 13, Subtitle 7 of this article, a court may grant a guardian access to the digital assets of the protected person for whom the guardian has been appointed.
Disclosure
(b) Unless otherwise ordered by a court or directed by a user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the protected person and the digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian provides the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the court order that gives the guardian authority over the digital assets of the protected person; and
(3) If requested by the custodian:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the protected person's account; or
(ii) Evidence linking the account to the protected person.
Suspension or termination of account
(c)(1) A guardian with general authority to manage the assets of a protected person 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.
(2) A request made under this subsection shall be accompanied by a copy of the court order granting the guardian authority over the protected person's property.

Credits

Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-613, MD EST & TRST § 15-613
Current through all legislation from the 2019 Regular Session of the General Assembly.
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