§ 30-5-11-6 — Maintenance, receipt, and transfer of electronic power of attorney

(a) Any person, with the written authorization
of the principal, may maintain, receive, or transfer custody of:
(1) the electronic record for an electronic power of attorney (and
any accompanying document integrity evidence); or
(2) a complete converted copy of the electronic power of attorney.
A principal may identify and designate an adult individual as the
custodian of the electronic power of attorney within the electronic
record associated with the electronic power of attorney.
(b) A custodian of an electronic power of attorney and any
associated document integrity evidence has the following
responsibilities:
(1) To use best practices to maintain custody of the electronic
record for the electronic power of attorney and any associated
document integrity evidence.
(2) To use best practices and commercially reasonable means to
maintain the privacy and security of the electronic record for the
electronic power of attorney.
(3) To guard against unauthorized disclosure or tampering with
the electronic record.
(4) To maintain electronic and conceptual separation of different
electronic records and different electronic powers of attorney
associated with different principals if the custodian maintains two
(2) or more electronic powers of attorney for different principals.
(5) To maintain the ability to promptly generate a complete
converted copy of each electronic power of attorney and any
associated document integrity evidence upon receipt of a written
request for a complete converted copy by the living principal, the
court, or any other authorized person.
(6) To promptly respond to a written instruction from the living
principal or another person with written authorization originating
from the living principal to transfer custody of the electronic
power of attorney to a successor custodian.
(7) To transfer the entire electronic record of the electronic power
of attorney to a successor custodian upon the receipt of a written
instruction requesting the transfer of the entire electronic record
of an electronic power of attorney to a successor custodian.
(8) To provide an executed delivery receipt to the outgoing
custodian who transfers:
(A) the electronic record;
(B) the electronic power of attorney;
(C) any accompanying document integrity evidence; or
(D) the information pertaining to the format in which the
electronic record or electronic power of attorney is received;
if the receiving custodian agrees to assume responsibility for an
electronic record or an electronic power of attorney and all
associated documents from an outgoing custodian.
(9) To relinquish control and possession of:
(A) the electronic record;
(B) the electronic power of attorney; or
(C) a complete converted copy of the electronic power of
attorney if the custodian only possesses a complete converted
copy;
to a person authorized by the principal to receive the items
described in clauses (A) through (C).
(10) To comply with an order of the court requiring the electronic
filing or delivery to the court of:
(A) the electronic power of attorney and any associated
document integrity evidence; or
(B) a complete converted copy.
(11) To provide an accurate copy of the electronic record for the
principal's electronic power of attorney or a complete converted
copy of the electronic power of attorney to an interested person
who is entitled to receive a copy under the terms of the power of
attorney.
(12) To furnish, for any court hearing or matter involving an
electronic power of attorney currently or previously stored by the
custodian, any information requested by the court pertaining to
the custodian's policies, practices, or qualifications as they relate
to the maintenance, production, or storage of electronic powers of
attorney.
(c) A proposed successor custodian has no obligation to accept
delivery of an electronic power of attorney from an outgoing custodian
or to accept the responsibility to maintain custody of the electronic
record for an electronic power of attorney. A successor custodian's
execution of a delivery receipt constitutes acceptance of:
(1) the appointment as successor custodian; and
(2) the responsibility to maintain and preserve the accepted
electronic power of attorney.
(d) If a custodian wishes to discontinue custody of an electronic
power of attorney, the custodian must send written notice to the
principal or, if the principal's whereabouts are unknown, to the current
attorney in fact or other person holding written authority from the
principal.
(e) A written notice described in subsection (d) must inform the
principal, attorney in fact, or other person holding written authority
from the principal that the custodian will transfer custody of the
electronic record to a successor custodian chosen by the current
custodian unless a written instruction is issued to the current custodian
not later than thirty (30) days after the written notice described in
subsection (d) was first issued.
(f) If the principal, current attorney in fact, or person holding written
authority from the principal does not respond to a written notice
described in subsection (d) by the end of the thirty (30) day period
described in subsection (e), the custodian may dispose of the electronic
record associated with an electronic power of attorney in one (1) of the
following ways:
(1) The current custodian may transfer custody of the electronic
record for the electronic power of attorney to a successor
custodian previously designated in writing by the principal.
(2) The current custodian may transfer custody of the electronic
power of attorney to a successor custodian selected by the current
custodian.
(3) The current custodian may transmit a complete converted
copy of the electronic power of attorney trust instrument and an
accompanying affidavit of regularity to the person who received
the thirty (30) day notice described in subsection (e).

Legislative History

As added by P.L.40-2018, SEC.4.