3B:14-61.14 Disclosure of digital assets to guardian of incapacitated person.

14. Disclosure of Digital Assets to Guardian of Incapacitated Person.

a. After an opportunity for a hearing under N.J.S.3B:12-1 et seq., the court may grant a guardian access to the digital assets of an incapacitated person.

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

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

(2) a copy of the court order that gives the guardian authority over the digital assets of the incapacitated person; and

(3) if requested by the custodian:

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

(b) evidence linking the account to the incapacitated person.

c. A guardian with general authority to manage the assets of an incapacitated person may request a custodian of the digital assets of the incapacitated person to suspend or terminate an account of the incapacitated person for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the incapacitated person's property.

L.2017, c.237, s.14.