§ 14

Illinois § 14

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 755: ESTATES
• Act 755 ILCS 70/: Revised Uniform Fiduciary Access to Digital Assets Act (2015).

Text

Disclosure of contents of electronic communications and digital assets to guardian of person with a disability. (a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets of a person with a disability to his or her guardian. (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 with a disability and any digital assets, other than the content of electronic communications, in which the person with a disability 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 with a disability; 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 with a disability; or (B) evidence linking the account to the person with a disability. (c) A guardian with general authority to manage the assets of a person with a disability may request a custodian of the digital assets of the person with a disability to suspend or terminate an account of the person with a disability 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 protected person's property.

Legislative History

(Source: P.A. 99-775, eff. 8-12-16.)