O.C.G.A.

O.C.G.A. § 53-13-20 (2019)

Access to digital assets by conservator

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) After an opportunity for a hearing under subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c) of Code Section 29-5-23, the court may grant a conservator 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 the catalogue 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 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 authority over the digital assets of the protected person; 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 protected person; or

(B) Evidence linking the account to the protected person.

(c) A conservator with general authority to manage the assets of a protected person may request that a custodian of the digital assets of the protected person suspend or terminate an account of the protected person for good cause. A request made under this Code section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person’s property.

History

Code 1981, § 53-13-20, enacted by Ga. L. 2018, p. 1089, § 1/SB 301; Ga. L. 2019, p. 693, § 42/HB 70. The 2019 amendment, effective January 1, 2020, substituted ‘‘subsection (b) or

(c) of Code Section 29-3-22 or under subsection (b) or (c)’’ for ‘‘paragraph (2) of subsection (b) of Code Section 29-3-22 or paragraph (2) of subsection (b)’’ in the middle of subsection (a).

ARTICLE 3 LEGAL OBLIGATIONS