72-31-413. Disclosure of digital assets to conservator of protected person

MT Code § 72-31-413 (2019) (N/A)

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72-31-413. Disclosure of digital assets to conservator of protected person. (1) After an opportunity for a hearing under 72-5-408, 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, user name, 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.

History: En. Sec. 13, Ch. 286, L. 2017.

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