Enrolled HB 108: Adopting and relating to the Revised Uniform Fiduciary Access to Digital Assets Act; and relating to a specific electronic communications power that a principal may select for an agent under the statutory form power of attorney.
00Enrolled HB 108 01 Adopting and relating to the Revised Uniform Fiduciary Access to Digital Assets Act; and 02 relating to a specific electronic communications power that a principal may select for an agent 03 under the statutory form power of attorney. 04 _______________ 05 * Section 1. AS 13.26.645 is amended to read: 06 Sec. 13.26.645. Statutory form power of attorney. A person who wishes to 07 designate another as agent by a power of attorney may execute a statutory power of 08 attorney set out in substantially the following form: 09 GENERAL POWER OF ATTORNEY 10 THE POWERS GRANTED FROM THE PRINCIPAL TO THE 11 AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE 12 VERY BROAD. THEY MAY INCLUDE THE POWER TO 13 DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND 14 PERSONAL PROPERTY. ACCORDINGLY, THE FOLLOWING
01 DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL 02 CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT 03 THIS DOCUMENT, YOU SHOULD SEEK COMPETENT ADVICE. 04 YOU MAY REVOKE THIS POWER OF ATTORNEY AT 05 ANY TIME. 06 Pursuant to AS 13.26.600, 13.26.625 - 13.26.640, and 07 13.26.655 - 13.26.695, I, (Name of principal), of (Address of principal), 08 do hereby appoint (Name and address of agent or agents), my agent(s) 09 to act as indicated below in my name, place, and stead in any way 10 which I myself could do, if I were personally present, with respect to 11 the following matters, as each of them is defined in AS 13.26.665, to 12 the full extent that I am permitted by law to act through an agent: 13 MARK THE BOXES BELOW TO INDICATE THE POWERS 14 YOU WANT TO GIVE YOUR AGENT OR AGENTS. MARK THE 15 BOX FOR "YES" THAT IS OPPOSITE A CATEGORY BELOW TO 16 GIVE YOUR AGENT OR AGENTS THE POWER IN THAT 17 CATEGORY. IF YOU DO NOT MARK A BOX OPPOSITE A 18 CATEGORY, YOUR AGENT OR AGENTS WILL NOT HAVE THE 19 POWER IN THAT CATEGORY. 20 YES 21 (A) real estate transactions ( ) 22 (B) transactions involving tangible personal 23 property, chattels, and goods ( ) 24 (C) bonds, shares, and commodities transactions ( ) 25 (D) banking transactions ( ) 26 (E) business operating transactions ( ) 27 (F) insurance transactions ( ) 28 (G) estate transactions ( ) 29 (H) retirement plans ( ) 30 (I) claims and litigation ( ) 31 (J) personal relationships and affairs ( )
01 (K) benefits from government programs 02 and civil or military service ( ) 03 (L) records, reports, and statements ( ) 04 (M) voter registration and absentee 05 ballot requests ( ) 06 (N) all other matters, including those 07 specified as follows: ( ) 08 _________________________________________________________ 09 _________________________________________________________ 10 _________________________________________________________ 11 GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 12 The agent or agents you have appointed WILL NOT have the 13 power to do any of the following acts UNLESS you MARK the box 14 opposite that category: 15 ( ) create, amend, revoke, or terminate an inter vivos trust; 16 ( ) make a gift, subject to the limitations of AS 13.26.665(q) and any 17 special instructions in this power of attorney; 18 ( ) create or change a beneficiary designation; 19 ( ) revoke a transfer on death deed made under AS 13.48; 20 ( ) create or change rights of survivorship; 21 ( ) delegate authority granted under the power of attorney; 22 ( ) waive the principal's right to be a beneficiary of a joint and survivor 23 annuity, including a survivor benefit under a retirement plan; 24 ( ) exercise fiduciary powers that the principal has authority to 25 delegate; 26 ( ) exercise authority over the content of electronic 27 communications, as that term is defined in 18 U.S.C. 2510(12), sent 28 or received by the principal. 29 IF YOU HAVE APPOINTED MORE THAN ONE AGENT, 30 MARK ONE OF THE FOLLOWING: 31 ( ) Each agent may exercise the powers conferred separately, without
01 the consent of any other agent. 02 ( ) All agents shall exercise the powers conferred jointly, with the 03 consent of all other agents. 04 TO INDICATE WHEN THIS DOCUMENT SHALL 05 BECOME EFFECTIVE, MARK ONE OF THE FOLLOWING: 06 ( ) This document shall become effective upon the date of my signature. 07 ( ) This document shall become effective upon the date of my 08 incapacity and shall not otherwise be affected by my incapacity. 09 IF YOU HAVE INDICATED THAT THIS DOCUMENT 10 SHALL BECOME EFFECTIVE ON THE DATE OF YOUR 11 SIGNATURE, MARK ONE OF THE FOLLOWING: 12 ( ) This document shall not be affected by my subsequent incapacity. 13 ( ) This document shall be revoked by my subsequent incapacity. 14 IF YOU HAVE INDICATED THAT THIS DOCUMENT 15 SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR 16 SIGNATURE AND WANT TO LIMIT THE TERM OF THIS 17 DOCUMENT, COMPLETE THE FOLLOWING: 18 This document shall only continue in effect for ________ ( ) years from 19 the date of my signature. 20 NOTICE OF REVOCATION OF THE POWERS GRANTED 21 IN THIS DOCUMENT 22 You may revoke one or more of the powers granted in this document. 23 Unless otherwise provided in this document, you may revoke a specific 24 power granted in this power of attorney by completing a special power 25 of attorney that includes the specific power in this document that you 26 want to revoke. Unless otherwise provided in this document, you may 27 revoke all the powers granted in this power of attorney by completing a 28 subsequent power of attorney. 29 NOTICE TO THIRD PARTIES 30 A third party who relies on the reasonable representations of an agent 31 as to a matter relating to a power granted by a properly executed
01 statutory form power of attorney does not incur any liability to the 02 principal or to the principal's heirs, assigns, or estate as a result of 03 permitting the agent to exercise the authority granted by the power of 04 attorney. A third party who fails to honor a properly executed statutory 05 form power of attorney may be liable to the principal, the agent, the 06 principal's heirs, assigns, or estate for a civil penalty, plus damages, 07 costs, and fees associated with the failure to comply with the statutory 08 form power of attorney. If the power of attorney is one which becomes 09 effective upon the incapacity of the principal, the incapacity of the 10 principal is established by an affidavit, as required by law. 11 IN WITNESS WHEREOF, I have hereunto signed my name 12 this ____ day of _____________, _________. 13 _________________________________________________________ 14 Signature of Principal 15 Acknowledged before me at _________________________________ 16 ________________________ on ______________________________. 17 Signature of Officer or Notary 18 If a person other than the principal executes the signature for the 19 principal, the person may not be a person who is appointed an agent in 20 the power of attorney, and the following signature line and notary 21 verification must also be completed: 22 IN WITNESS WHEREOF, I have hereunto signed my name 23 this ____ day of _____________, _________. 24 _________________________________________________________ 25 Signature of person signing at the request of___________________ 26 Name of Principal 27 Printed name of person signing______________________________ 28 Form of identification of person signing_______________________ 29 Acknowledged before me at _________________________________ 30 ____________________________ on __________________________ 31 _________________________________________________________
01 Signature of Officer or Notary 02 * Sec. 2. AS 13 is amended by adding a new chapter to read: 03 Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act. 04 Sec. 13.63.010. User direction for disclosure of digital assets. (a) A user may 05 use an online tool to direct the custodian to disclose to a designated recipient, or not to 06 disclose, some or all of the user's digital assets, including the content of electronic 07 communications. If the online tool allows the user to modify or delete a direction at all 08 times, a direction regarding disclosure using an online tool overrides a contrary 09 direction by the user in a will, trust, power of attorney, or other record. 10 (b) If a user has not used an online tool to give direction under (a) of this 11 section or if the custodian has not provided an online tool, the user may allow or 12 prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of 13 some or all of the user's digital assets, including the content of electronic 14 communications sent or received by the user. 15 (c) A user's direction under (a) or (b) of this section overrides a contrary 16 provision in a terms-of-service agreement that does not require the user to act 17 affirmatively and distinctly from the user's assent to the terms of service. 18 Sec. 13.63.020. Terms-of-service agreement. (a) This chapter does not 19 change or impair a right of a custodian or a user under a terms-of-service agreement to 20 access and use digital assets of the user. 21 (b) This chapter does not give a fiduciary or designated recipient any new or 22 expanded rights other than those held by the user for whom, or for whose estate, the 23 fiduciary or designated recipient acts or represents. 24 (c) A fiduciary's or designated recipient's access to digital assets may be 25 modified or eliminated by a user, by federal law, or by a terms-of-service agreement if 26 the user has not provided direction under AS 13.63.010. 27 Sec. 13.63.030. Procedures for disclosing digital assets. (a) When disclosing 28 digital assets of a user under this chapter, the custodian may, in its sole discretion, 29 (1) grant a fiduciary or designated recipient full access to the user's 30 account; 31 (2) grant a fiduciary or designated recipient partial access to the user's
01 account sufficient to perform the tasks with which the fiduciary or designated recipient 02 is charged; or 03 (3) provide a fiduciary or designated recipient a copy in a record of 04 any digital asset that, on the date the custodian received the request for disclosure, the 05 user could have accessed if the user were alive and had full capacity and access to the 06 account. 07 (b) A custodian may assess a reasonable administrative charge for the cost of 08 disclosing digital assets under this chapter. 09 (c) A custodian is not required to disclose under this chapter a digital asset 10 deleted by a user. 11 (d) If a user directs or a fiduciary requests a custodian to disclose under this 12 chapter some, but not all, of the user's digital assets, the custodian is not required to 13 disclose the assets if segregation of the assets would impose an undue burden on the 14 custodian. If the custodian believes the direction or request imposes an undue burden, 15 the custodian or fiduciary may seek an order from the superior court to disclose 16 (1) a subset limited by date of the user's digital assets; 17 (2) all of the user's digital assets to the fiduciary or designated 18 recipient; 19 (3) none of the user's digital assets; or 20 (4) all of the user's digital assets to the superior court for review in 21 camera. 22 Sec. 13.63.040. Disclosure of content of electronic communications of 23 deceased user. If a deceased user consented or a superior court directs disclosure of 24 the contents of electronic communications of the user, the custodian shall disclose to 25 the personal representative of the estate of the user the content of an electronic 26 communication sent or received by the user if the personal representative gives the 27 custodian 28 (1) a written request for disclosure in physical or electronic form; 29 (2) a certified copy of the death certificate of the user; 30 (3) a certified copy of the letters testamentary of the personal 31 representative;
01 (4) unless the user provided direction using an online tool, a copy of 02 the user's will, trust, power of attorney, or other record evidencing the user's consent to 03 disclosure of the content of electronic communications; and 04 (5) if requested by the custodian, 05 (A) a number, username, address, or other unique subscriber or 06 account identifier assigned by the custodian to identify the user's account; 07 (B) evidence linking the account to the user; or 08 (C) a finding by the superior court that 09 (i) the user had a specific account with the custodian, 10 identifiable by the information specified in (A) of this paragraph; 11 (ii) disclosure of the content of electronic 12 communications of the user would not violate 18 U.S.C. 2701 - 2712, 13 47 U.S.C. 222, or other applicable law; 14 (iii) unless the user provided direction using an online 15 tool, the user consented to disclosure of the content of electronic 16 communications; or 17 (iv) disclosure of the content of electronic 18 communications of the user is reasonably necessary for administration 19 of the estate. 20 Sec. 13.63.050. Disclosure of other digital assets of deceased user. Unless 21 the user prohibited disclosure of digital assets or the superior court directs otherwise, a 22 custodian shall disclose to the personal representative of the estate of a deceased user a 23 catalog of electronic communications sent or received by the user and digital assets, 24 other than the content of electronic communications, of the user if the representative 25 gives the custodian 26 (1) a written request for disclosure in physical or electronic form; 27 (2) a certified copy of the death certificate of the user; 28 (3) a certified copy of the letters testamentary of the personal 29 representative; and 30 (4) if requested by the custodian, 31 (A) a number, username, address, or other unique subscriber or
01 account identifier assigned by the custodian to identify the user's account; 02 (B) evidence linking the account to the user; 03 (C) an affidavit stating that disclosure of the user's digital 04 assets is reasonably necessary for administration of the estate; or 05 (D) a finding by the superior court that 06 (i) the user had a specific account with the custodian, 07 identifiable by the information specified in (A) of this paragraph; or 08 (ii) disclosure of the user's digital assets is reasonably 09 necessary for administration of the estate. 10 Sec. 13.63.060. Disclosure of content of electronic communications of 11 principal. To the extent a power of attorney expressly grants an agent authority over 12 the content of electronic communications sent or received by the principal and unless 13 directed otherwise by the principal or the superior court, a custodian shall disclose to 14 the agent the content if the agent gives the custodian 15 (1) a written request for disclosure in physical or electronic form; 16 (2) an original or copy of the power of attorney expressly granting the 17 agent authority over the content of electronic communications of the principal; 18 (3) a certification by the agent, under penalty of perjury, that the power 19 of attorney is in effect; and 20 (4) if requested by the custodian, 21 (A) a number, username, address, or other unique subscriber or 22 account identifier assigned by the custodian to identify the principal's account; 23 or 24 (B) evidence linking the account to the principal. 25 Sec. 13.63.070. Disclosure of other digital assets of principal. Unless 26 otherwise ordered by the superior court, directed by the principal, or provided by a 27 power of attorney, a custodian shall disclose to an agent with specific authority over 28 digital assets or general authority to act on behalf of a principal a catalog of electronic 29 communications sent or received by the principal and digital assets, other than the 30 content of electronic communications, of the principal if the agent gives the custodian 31 (1) a written request for disclosure in physical or electronic form;
01 (2) an original or a copy of the power of attorney that gives the agent 02 specific authority over digital assets or general authority to act on behalf of the 03 principal; 04 (3) a certification by the agent, under penalty of perjury, that the power 05 of attorney is in effect; and 06 (4) if requested by the custodian, 07 (A) a number, username, address, or other unique subscriber or 08 account identifier assigned by the custodian to identify the principal's account; 09 or 10 (B) evidence linking the account to the principal. 11 Sec. 13.63.080. Disclosure of digital assets held in trust when trustee is 12 original user. Unless otherwise ordered by the superior court or provided in a trust, a 13 custodian shall disclose to a trustee that is an original user of an account any digital 14 asset of the account held in trust, including a catalog of electronic communications of 15 the trustee and the content of electronic communications. 16 Sec. 13.63.090. Disclosure of contents of electronic communications held in 17 trust when trustee not original user. Unless otherwise ordered by the superior court, 18 directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is 19 not an original user of an account the content of an electronic communication sent or 20 received by an original or successor user and carried, maintained, processed, received, 21 or stored by the custodian in the account of the trust if the trustee gives the custodian 22 (1) a written request for disclosure in physical or electronic form; 23 (2) a certified copy of the trust instrument or a certification of the trust 24 under AS 13.36.079 that includes consent to disclosure of the content of electronic 25 communications to the trustee; 26 (3) a certification by the trustee, under penalty of perjury, that the trust 27 exists and the trustee is a currently acting trustee of the trust; and 28 (4) if requested by the custodian, 29 (A) a number, username, address, or other unique subscriber or 30 account identifier assigned by the custodian to identify the trust's account; or 31 (B) evidence linking the account to the trust.
01 Sec. 13.63.100. Disclosure of other digital assets held in trust when trustee 02 not original user. Unless otherwise ordered by the superior court, directed by the 03 user, or provided in a trust, a custodian shall disclose to a trustee that is not an original 04 user of an account a catalog of electronic communications sent or received by an 05 original or successor user and stored, carried, or maintained by the custodian in an 06 account of the trust and any digital assets, other than the content of electronic 07 communications, in which the trust has a right or interest if the trustee gives the 08 custodian 09 (1) a written request for disclosure in physical or electronic form; 10 (2) a certified copy of the trust instrument or a certification of the trust 11 under AS 13.36.079; 12 (3) a certification by the trustee, under penalty of perjury, that the trust 13 exists and the trustee is a currently acting trustee of the trust; and 14 (4) if requested by the custodian, 15 (A) a number, username, address, or other unique subscriber or 16 account identifier assigned by the custodian to identify the trust's account; or 17 (B) evidence linking the account to the trust. 18 Sec. 13.63.110. Disclosure of digital assets to conservator of protected 19 person. (a) After an opportunity for a hearing under AS 13.26.401 - 13.26.595, the 20 superior court may grant a conservator access to the digital assets of a protected 21 person except that, if the conservator is a guardian with the powers and duties of a 22 conservator under AS 13.26.316(c), the superior court may grant the conservator 23 access to the digital assets of a protected person after an opportunity for a hearing 24 under AS 13.26.201 - 13.26.316. 25 (b) Unless otherwise ordered by the superior court or directed by the user, a 26 custodian shall disclose to a conservator the catalog of electronic communications sent 27 or received by a protected person and any digital assets, other than the content of 28 electronic communications, in which the protected person has a right or interest if the 29 conservator gives the custodian 30 (1) a written request for disclosure in physical or electronic form; 31 (2) a certified copy of the superior court order that gives the
01 conservator authority over the digital assets of the protected person; and 02 (3) if requested by the custodian, 03 (A) a number, username, address, or other unique subscriber or 04 account identifier assigned by the custodian to identify the account of the 05 protected person; or 06 (B) evidence linking the account to the protected person. 07 (c) A conservator with general authority to manage the assets of a protected 08 person may request a custodian of the digital assets of the protected person to suspend 09 or terminate an account of the protected person for good cause. A request made under 10 this subsection must be accompanied by a certified copy of the superior court order 11 giving the conservator authority over the protected person's property. 12 Sec. 13.63.120. Fiduciary duty and authority. (a) The legal duties imposed 13 on a fiduciary charged with managing tangible property apply to the management of 14 digital assets, including 15 (1) the duty of care; 16 (2) the duty of loyalty; and 17 (3) the duty of confidentiality. 18 (b) A fiduciary's or designated recipient's authority with respect to a digital 19 asset of a user 20 (1) except as otherwise provided in AS 13.63.010, is subject to the 21 applicable terms of service; 22 (2) is subject to other applicable law, including copyright law; 23 (3) in the case of a fiduciary, is limited by the scope of the fiduciary's 24 duties; and 25 (4) may not be used to impersonate the user. 26 (c) A fiduciary with authority over the property of a decedent, protected 27 person, principal, or settlor has the right to access any digital asset in which the 28 decedent, protected person, principal, or settlor had a right or interest and that is not 29 held by a custodian or subject to a terms-of-service agreement. 30 (d) A fiduciary acting within the scope of the fiduciary's duties is an 31 authorized user of the property of the decedent, protected person, principal, or settlor
01 for the purpose of applicable computer-fraud and unauthorized-computer-access laws, 02 including AS 11.46.200, 11.46.484(a)(3), and 11.46.740. 03 (e) A fiduciary with authority over the tangible personal property of a 04 decedent, protected person, principal, or settlor 05 (1) has the right to access the property and any digital asset stored in it; 06 and 07 (2) is an authorized user for the purpose of computer-fraud and 08 unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 09 11.46.740. 10 (f) A custodian may disclose information in an account to a fiduciary of the 11 user when the information is required to terminate an account used to access digital 12 assets licensed to the user. 13 (g) A fiduciary of a user may request a custodian to terminate the user's 14 account. A request for termination must be in writing, in either physical or electronic 15 form, and accompanied by 16 (1) if the user is deceased, a certified copy of the death certificate of 17 the user; 18 (2) a certified copy of the letters testamentary of the personal 19 representative, the superior court order, the power of attorney, or the trust instrument 20 giving the fiduciary authority over the account; and 21 (3) if requested by the custodian, 22 (A) a number, username, address, or other unique subscriber or 23 account identifier assigned by the custodian to identify the user's account; 24 (B) evidence linking the account to the user; or 25 (C) a finding by the superior court that the user had a specific 26 account with the custodian, identifiable by the information specified in (A) of 27 this paragraph. 28 Sec. 13.63.130. Custodian compliance and immunity. (a) Not later than 60 29 days after receipt of the information required under AS 13.63.040 - 13.63.120, a 30 custodian shall comply with a request under this chapter from a fiduciary or 31 designated recipient to disclose digital assets or terminate an account. If the custodian
01 fails to comply, the fiduciary or designated recipient may apply to the superior court 02 for an order directing compliance. 03 (b) An order under (a) of this section directing compliance must contain a 04 finding that compliance is not in violation of 18 U.S.C. 2702. 05 (c) A custodian may notify the user that a request for disclosure or to 06 terminate an account was made under this chapter. 07 (d) A custodian may deny a request under this chapter from a fiduciary or 08 designated recipient for disclosure of digital assets or to terminate an account if the 09 custodian is aware of any lawful access to the account following the receipt of the 10 fiduciary's request. 11 (e) This chapter does not limit a custodian's ability to obtain or to require a 12 fiduciary or designated recipient requesting disclosure or termination under this 13 chapter to obtain a superior court order that 14 (1) specifies that an account belongs to the protected person or 15 principal; 16 (2) specifies that there is sufficient consent from the protected person 17 or principal to support the requested disclosure; and 18 (3) contains a finding required by law other than this chapter. 19 (f) A custodian and its officers, employees, and agents are immune from 20 liability for an act or omission done in good faith in compliance with this chapter. 21 Sec. 13.63.140. Uniformity of application and construction. In applying and 22 construing this chapter, consideration shall be given to the need to promote uniformity 23 of the law with respect to its subject matter among states that enact it. 24 Sec. 13.63.150. Relation to Electronic Signatures in Global and National 25 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 26 (Electronic Signatures in Global and National Commerce Act), but does not modify, 27 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 28 notices described in 15 U.S.C. 7003(b). 29 Sec. 13.63.160. Digital assets coverage. In this chapter, a digital asset does 30 not apply to an underlying asset or liability unless the asset or liability is itself an 31 electronic record. This chapter does not apply to a digital asset of an employer used by
01 an employee in the ordinary course of the employer's business. 02 Sec. 13.63.170. Application to custodians. This chapter applies to a custodian 03 if the user resides in this state or resided in this state at the time of the user's death. 04 Sec. 13.63.190. Definitions. In this chapter, 05 (1) "account" means an arrangement under a terms-of-service 06 agreement in which a custodian carries, maintains, processes, receives, or stores a 07 digital asset of the user or provides goods or services to the user; 08 (2) "agent" means an attorney-in-fact granted authority under a durable 09 or nondurable power of attorney; 10 (3) "carries" means engages in the transmission of an electronic 11 communication; 12 (4) "catalog of electronic communications" means information that 13 identifies each person with which a user has had an electronic communication, the 14 time and date of the communication, and the electronic address of the person; 15 (5) "conservator" means a person appointed by a superior court to 16 manage all or part of the estate of a living individual; 17 (6) "content of an electronic communication" means information 18 concerning the substance or meaning of the communication that 19 (A) has been sent or received by a user; 20 (B) is in electronic storage by a custodian providing an 21 electronic-communication service to the public or is carried or maintained by a 22 custodian providing a remote-computing service to the public; in this 23 subparagraph, 24 (i) "electronic-communication service" means the 25 ability to send or receive an electronic communication; 26 (ii) "remote-computing service" means computer- 27 processing services or the storage of digital assets by means of an 28 electronic communications system; in this sub-subparagraph, 29 "electronic communications system" has the meaning given in 18 30 U.S.C. 2510; and 31 (C) is not readily accessible to the public;
01 (7) "custodian" means a person that carries, maintains, processes, 02 receives, or stores a digital asset of a user; 03 (8) "designated recipient" means a person chosen by a user using an 04 online tool to administer digital assets of the user; 05 (9) "digital asset" means an electronic record in which an individual 06 has a right or interest, but does not include an underlying asset or liability unless the 07 asset or liability is itself an electronic record; 08 (10) "electronic" means relating to technology having electrical, 09 digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 10 (11) "electronic communication" has the meaning given in 18 U.S.C. 11 2510; 12 (12) "fiduciary" means an original, additional, or successor personal 13 representative, conservator, agent, or trustee; 14 (13) "information" means data, text, images, videos, sounds, codes, 15 computer programs, software, databases, or similar items; 16 (14) "online tool" means an electronic service provided by a custodian 17 that allows the user, in an agreement distinct from the terms-of-service agreement 18 between the custodian and user, to provide directions for disclosure or nondisclosure 19 of digital assets to a third person; 20 (15) "person" means an individual, estate, business or nonprofit entity, 21 public corporation, government or governmental subdivision, agency, or 22 instrumentality, or another legal entity; 23 (16) "personal representative" means an executor, administrator, 24 special administrator, or person that performs substantially the same function under 25 law of this state other than this chapter; 26 (17) "power of attorney" means a record that grants an agent authority 27 to act in the place of a principal; 28 (18) "principal" means an individual who grants authority to an agent 29 in a power of attorney; 30 (19) "protected person" means an individual for whom a conservator 31 has been appointed or an individual for whom an application for the appointment of a
01 conservator is pending; 02 (20) "record" means information that is inscribed on a tangible 03 medium or that is stored in an electronic or other medium and is retrievable in 04 perceivable form; 05 (21) "terms-of-service agreement" means an agreement that controls 06 the relationship between a user and a custodian; 07 (22) "trustee" means a fiduciary, whether the original fiduciary or a 08 successor fiduciary, with legal title to property under an agreement or declaration that 09 creates a beneficial interest in another person; 10 (23) "user" means a person that has an account with a custodian; 11 (24) "will" includes a codicil, a testamentary instrument that only 12 appoints an executor, and an instrument that revokes or revises a testamentary 13 instrument. 14 Sec. 13.63.195. Short title. This chapter may be cited as the Revised Uniform 15 Fiduciary Access to Digital Assets Act. 16 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. (a) AS 13.63, enacted by sec. 2 of this Act, applies to a 19 (1) fiduciary acting under a will or power of attorney executed before, on, or 20 after the effective date of this Act; 21 (2) personal representative acting for a decedent who died before, on, or after 22 the effective date of this Act; 23 (3) proceeding to appoint a conservator that is commenced before, on, or after 24 the effective date of this Act; and 25 (4) trustee acting under a trust created before, on, or after the effective date of 26 this Act. 27 (b) AS 13.26.645, as amended by sec. 1 of this Act, applies to a power of attorney 28 created under AS 13.26.645 on or after the effective date of this Act. 29 (c) In (a) of this section, "conservator," "fiduciary," "personal representative," "power 30 of attorney," "trustee," and "will" have the meanings given in AS 13.63.190, enacted by sec. 2 31 of this Act.