WV Senate Bill 102 | NNA
Law

WV Senate Bill 102

Notary Law Update: WV Senate Bill 102

State: West Virginia

Summary:

Senate Bill 102 enacts the Revised Uniform Fiduciary Access to Digital Assets Act, 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.

Signed:  March 27, 2018

Effective:  June 05, 2018

Chapter: TBD

Affects:

Amends Sections 39B-2-101 of and adds Sections 44-5B-1 through 44-5B-19 to the West Virginia Code.

Changes:

This bill:

  1. Allows an individual to grant in a power of attorney the power to exercise authority over the content of the individual's electronic communications and requires the power of attorney to be acknowledged before a Notary.
  2. 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.
  3. 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:

Senate Bill 102 is a comprehensive law modeled after the Uniform Law Commission's Uniform Fiduciary Access to Digital Assets Act (UFADAA) 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 102 allows an individual to grant in 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.

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