Court Authorization Comes First
Unlike agents under a power of attorney or trustees acting under a trust, conservators operate under direct court supervision. Before a conservator can access digital assets, the court must have an opportunity to consider the request through a hearing. This extra layer of oversight reflects the fact that conservatorship involves someone who may not have chosen the conservator themselves.
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 authority, the conservator can request disclosure from custodians. The custodian must provide a catalogue of electronic communications and any other digital assets (excluding communication content) in which the protected person has a right or interest. The conservator provides a written request and a certified copy of the court order as documentation.
Account Suspension and Termination
This statute also gives conservators a tool that other fiduciaries under RUFADAA do not receive by default: the ability to request that a custodian suspend or terminate the protected person's account for good cause. This can be important when an account is being used to exploit the protected person or when maintaining the account creates ongoing financial liability. The request must be in writing and accompanied by 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)