ME Legislative Document 846
Legislation
State: Maine
Signed: April 04, 2018
Effective: July 01, 2018
Chapter: 359
SummaryLegislative Document 846 enacts the Revised Uniform Fiduciary to Digital Assets Act.
AffectsAdds Sections 101-101 throught 101-118 to Title 18A, Article 10 of the Maine Revised Statutes 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.
AnalysisThe 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 the disposition of one's digital assets is made in a power of attorney, the signatures on the power likely will require notarization. If made in a will that is self-proved, the acknowledgment of the testator and affidavits of the witnesses will require notarization.
Read Legislative Document 846.