(at the request of Senate Interim Committee on Judiciary for Oregon State Bar Estate Planning and Administration Section)
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Bill Title:
Relating to access to digital assets.
Catchline/Summary:
Delineates rights of certain fiduciaries to access digital assets, catalog and content of electronic communications of decedent, protected person, principal under power of attorney and settlor of trust.Enacts Uniform Fiduciary Access to Digital Assets Act.]
Authorizes] Delineates rights of certain fiduciaries to access digital assets, catalog and content of electronic communications and digital assets of other person or] of decedent, protected person, principal under power of attorney and settlor of trust. Sets forth procedures for obtaining access and control of digital assets. Sets forth responsibilities of custodians of digital assets.] Directs custodian to comply with fiduciary's request for catalog of electronic communications upon request within 60 days.
Requires custodian to offer account holders affirmative means of creating record of intention that indicates how digital assets and catalog and content of electronic communications of account holder are to be treated after set period of inactivity or upon receipt of request for disclosure.
Authorizes fiduciary for certain account holders to submit to custodian notarized form requesting disclosure of digital asset or content of electronic communications. Sets forth information required in form.
Authorizes fiduciary to petition court for right to access digital asset, catalog and content of electronic communications upon refusal or failure of custodian to disclose digital asset or catalog or content of electronic communications. Requires court to consider, make written findings and enter order within 30 days of notice of petition.
Provides that custodian is immune from liability for acts done in good faith in compliance with Act.
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SB 369 Senate Committee On Rules
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