When a Power of Attorney Covers Digital Communications
This statute applies during your lifetime, not after death. If you become incapacitated and your agent needs to access your email, messages, or other electronic communications, the power of attorney must expressly grant that authority. A general power of attorney that covers "all financial matters" is not enough. The document must specifically reference electronic communications.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian all of the following: 1. A written request for disclosure in physical or electronic form. 2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.
A.R.S. § 14-13109The agent must also certify, under penalty of perjury, that the power of attorney is currently in effect. This protects against someone using a revoked or expired document to gain access. The platform can also ask for account identifiers or evidence linking the account to the principal.
Why This Matters for Incapacity Planning
Incapacity can happen suddenly, and digital accounts do not pause while families sort out paperwork. Bills arrive by email. Medical records are shared through patient portals. Financial alerts go unread. If your agent cannot access these communications, important deadlines can slip, payments can be missed, and critical information can go unseen.
Including specific digital asset language in your power of attorney is a straightforward step that prevents a real gap in your incapacity plan. Without it, your agent may need a court order to access your accounts, adding time, cost, and stress to an already difficult situation.
