§ 36F-14 - Disclosure of digital assets to guardian of ward.

NC Gen Stat § 36F-14 (2019) (N/A)

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36F-14. Disclosure of digital assets to guardian of ward.

(a) After a hearing on a motion in the cause pursuant to G.S. 35A-1207, the court may grant a guardian access to the digital assets of a ward.

(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 a ward and any digital assets, other than the contents of electronic communications, in which the ward has a right or interest if the guardian gives the custodian all of the following:

(1) A written request for disclosure in physical or electronic form.

(2) A certified copy of the court order that gives the guardian authority over the digital assets of the ward.

(3) If requested by the custodian, any of the following:

a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward.

b. Evidence linking the account to the ward.

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

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§ 36F-13 - Disclosure of other digital assets held in trust when trustee not original user.

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§ 36F-15 - Fiduciary duty and authority.