Current through 2024 NY Law Chapter 457
Section 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. Added by New York Laws 2016, ch. 354,Sec. 1, eff. 9/29/2016.