Section 472.440

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.440.  Disclosure to agent, when. — To the extent a power of attorney expressly grants an agent authority over the content of an electronic communication 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:

  (1)  A written request for disclosure in physical or electronic form;

  (2)  An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

  (3)  A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

  (4)  If requested by the custodian for the purpose of identifying the correct account of the correct user:

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

  (b)  Evidence linking the account to the principal.

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(L. 2018 H.B. 1250)