What a Custodian Must Disclose to an Agent
Your power of attorney may give an agent control over your digital assets. If so, that agent can ask online custodians for your account data. This covers email providers, social media sites, and cloud storage services.
The custodian must share a list of electronic messages and other digital assets. However, this does not include the actual content of those messages unless a separate rule allows it.
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal.
A.R.S. § 14-13110A catalogue lists metadata like sender names, dates, and subject lines. The body of an email gets stronger privacy protection under this law.
What the Agent Must Provide
The agent must send a written request to the custodian. They must also include a copy of the power of attorney that shows the right authority.
The agent must sign a sworn statement that the power of attorney is still active. The custodian may also ask for account details or proof linking the account to you.
Why This Matters for Families
When a loved one can no longer act alone, family members need fast access to digital accounts. Bills may be on autopay, and subscriptions may keep charging.
Key records may exist only online. Without a power of attorney that covers digital assets, access can be slow. As a result, having the right documents ready before a crisis gives the agent a clear path forward.