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2018 Georgia Code 53-13-20 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 13. Revised Uniform Fiduciary Access to Digital Assets, 53-13-1 through 53-13-40.

ARTICLE 2 RIGHTS OF CUSTODIANS OR USERS

53-13-20. Access to digital assets by conservator.

  1. After an opportunity for a hearing under paragraph (2) of subsection (b) of Code Section 29-3-22 or paragraph (2) of subsection (b) of Code Section 29-5-23, the court may grant a conservator access to the digital assets of a protected person.
  2. 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:
      1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
      2. Evidence linking the account to the protected person.
  3. 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.

(Code 1981, §53-13-20, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)

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