GA Senate Bill 301

Legislation

State: Georgia
Signed: May 08, 2018

Effective: July 02, 2018
Chapter: Act No. 560

Summary

Senate Bill 301 enacts the Revised Uniform Fiduciary to Digital Assets Act.

Affects

Amends Chapter 6B of Title 10, Article 2, Article 9 of Chapter 9 of Title 15, and Section 53-12-2 of the Official Code of Georgia Annotated.

Changes

Allows an individual to grant in a power of attorney the power to exercise authority over the content of the individual's electronic communications.
Allows an individual to use an online tool to disclose or not to disclose to a designated recipient some or all of the individual's digital assets, including electronic communications.
Permits the individual to allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the individual's digital assets.

Analysis

The Prefatory Note to the UFADAA reads: “As the number of digital assets held by the average person increases, questions surrounding the disposition of these assets upon the individual’s death or incapacity are becoming more common. These assets, ranging from online gaming items to photos, to digital music, to client lists, can have real economic or sentimental value. Yet few laws exist on the rights of fiduciaries over digital assets. Holders of digital assets may not consider the fate of their online presences once they are no longer able to manage their assets, and may not expressly provide for the disposition of their digital assets or electronic communications in the event of their death or incapacity.”

If an individual uses a power of attorney to disclose his or her directions regarding digital assets, the power of attorney must be attested by two witnesses. One of the two witnesses must be a Notary or other individual named in OCGA 44-2-15.

Read Senate Bill 301.