SummarySenate Bill 239 enacts he Uniform Fiduciary Access to Digital Assets Act (UFADAA), allowing an individual to grant the power of accessing and controlling the individual’s electronic communications and digital assets in a power of attorney that must be acknowledged before a Notary.
AnalysisThe UFADAA is a comprehensive law adopted by the Uniform Law Commission that authorizes access and control to a wide range of digital assets. 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.” Senate Bill 239 allows an individual to grant by a power of attorney the power of accessing and taking control of the individual’s electronic communications and digital assets. The statutory power of attorney form has been amended to grant this power. The power of attorney must be acknowledged before a Notary.
Read the bill text.