Court Approval Comes First
Unlike agents under a power of attorney or trustees acting under a trust, conservators work under direct court oversight. Before a conservator can access digital assets, the court must hold a hearing. This extra step reflects the fact that the protected person may not have chosen the conservator.
After an opportunity for a hearing under chapter 5, article 4 of this title, the court may grant a conservator access to the digital assets of a protected person.
A.R.S. § 14-13114(A)Once the court grants the right, the conservator can ask custodians for data. The custodian must share a list of electronic messages and any other digital assets, but not message content. The conservator gives a written request and a certified copy of the court order.
Account Suspension and Closing
This law also gives conservators a tool that other fiduciaries do not get by default. A conservator can ask a custodian to suspend or close the protected person's account for good cause.
This matters when someone is using the account to exploit the protected person. It also helps when keeping the account open creates ongoing costs. The request must be in writing and include a certified court order.
A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause.
A.R.S. § 14-13114(C)The conservator may also need to review records such as text messages or email metadata. These records can reveal patterns of abuse or financial harm. The duties of care, loyalty, and privacy apply to everything the conservator learns through this access.