§ 91-23-27. Disclosure of digital assets to conservator of protected person

MS Code § 91-23-27 (2019) (N/A)

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(1) After an opportunity for a hearing under Chapter 13, Title 93, Mississippi Code of 1972, the court may grant a conservator access to the digital assets of a protected person.

(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:

(a) A written request for disclosure in physical or electronic form;

(b) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and

(i) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or

(ii) Evidence linking the account to the protected person.

(3) 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 request made under this section must be accompanied by a certified copy of the court order giving the conservator authority over the protected person’s property.

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§ 91-23-25. Disclosure of other digital assets held in trust when trustee not original user

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§ 91-23-29. Fiduciary duty and authority