The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 125 : Vermont Revised Uniform Fiduciary Access to Digital Assets Act

• § 3564. Disclosure of digital assets to guardian of person under guardianship

  (a) After an opportunity for a hearing under 14 V.S.A. § 3068, the court may grant a guardian access to the digital assets of a person under guardianship.

  (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 person under guardianship, and any digital assets other than the content of electronic communications in which the person under guardianship has a right or interest, if the guardian gives the custodian:

  (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 person under guardianship; 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 person under guardianship; or

  (B) evidence linking the account to the person under guardianship.

  (c) A guardian with general authority to manage the assets of a person under guardianship may request a custodian of the digital assets of the person under guardianship to suspend or terminate an account of the person under guardianship for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the guardian authority over the protected person’s property. (Added 2017, No. 13, § 1.)