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A.R.S. § 14-13114

Conservator Access to Digital Assets

Verified April 4, 202657th Legislature, 1st Regular Session

When a court appoints a conservator, that person can ask for access to digital assets. The court may grant access after a hearing. Custodians must then share non-content digital assets and message lists when the conservator shows the right court documents.

Title 14, REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

azleg.gov

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.

A. 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. B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian all of the following: 1. A written request for disclosure in physical or electronic form. 2. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person. 3. If requested by the custodian any of the following: (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person. (b) Evidence linking the account to the trust. C. 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 request made under this subsection must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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