Legislative Fact Sheet - Fiduciary Access to Digital Assets Act, Revised (2015)

Act Fiduciary Access to Digital Assets Act, Revised (2015)
Origin Completed by the Uniform Law Commission in 2014 and Revised in 2015.
Description A fiduciary is a person appointed to manage the property of another person, subject to strict duties to act in the other person’s best interest. Common types of fiduciaries include executors of a decedent’s estate, trustees, conservators, and agents under a power of attorney. This act extends the traditional power of a fiduciary to manage tangible property to include management of a person’s digital assets. The act allows fiduciaries to manage digital property like computer files, web domains, and virtual currency, but restricts a fiduciary’s access to electronic communications such as email, text messages, and social media accounts unless the original user consented in a will, trust, power of attorney, or other record.

Association of American Retired Persons
Center for Democracy and Technology
National Academy of Elder Law Attorneys

Enactments Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
2018 Introductions District of Columbia, New Hampshire, Oklahoma, Pennsylvania, Rhode Island
Staff Liaison(s) Katie Robinson, Benjamin Orzeske