New Mexico § 46-13-9 Disclosure of content of electronic communications of

New Mexico Statutes

§ 46-13-9 — Disclosure of content of electronic communications of

New Mexico·Ch. 46 Fiduciaries and Trusts·Art. 13 Revised Uniform Fiduciary Access to Digital Assets

principal. 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 to the agent the content if the agent gives the custodian: 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; and D. if requested by the custodian:

(1)a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's

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principal. 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 to the agent the content if the agent gives the custodian: 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; and D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (2) evidence linking the account to the principal.

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