§ 879.1. — 879.1. (Added by Stats. 2024, Ch. 799, Sec. 3.)

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or the court, a custodian shall disclose the content of electronic communications to the agent if the agent gives the custodian all of the following:
(a)
A written request for disclosure in physical or electronic form.
(b)
An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.
(c)
A certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(d)
If requested by the custodian, either of the following:
(1)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account.
(2)
Evidence linking the account to the principal.

Legislative History

Added by Stats. 2024, Ch. 799, Sec. 3. (SB 1458) Effective January 1, 2025.