When a Power of Attorney Covers Digital Messages
This statute applies during your lifetime, not after death. If you lose the ability to manage your affairs, your agent may need to access your emails, texts, or other messages.
For this to work, the power of attorney must expressly grant that authority. A general power of attorney covering "all financial matters" is not enough. The document must name electronic messages specifically.
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 still in effect. This guards against use of a revoked or expired document.
The platform can also ask for account identifiers or proof linking the account to the principal.
Why This Matters for Incapacity Planning
Incapacity can happen suddenly. Digital accounts do not pause while families sort out paperwork. Bills arrive by email. Medical records come through patient portals. Financial alerts go unread.
If your agent cannot access these messages, important deadlines can slip. Payments can be missed.
During your lifetime, it is your agent under the power of attorney who needs access. A personal representative handles matters only after death. Each platform's terms of service may add its own requirements.
Adding digital asset language to your power of attorney is a simple step. Without it, your agent may need a court order, which adds time and cost.
Your agent should also know which online accounts and platforms you use. Families who plan ahead save their loved ones from navigating complex policies during a stressful time.