Section 472.465

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.465.  Conservator access, opportunity for hearing — disclosures to conservator, when. — 1.  After an opportunity for a hearing under Missouri conservatorship law, the court may grant a conservator access to the digital assets of a protected person.

  2.  Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator 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 conservator authority over the digital assets of the protected person; and

  (3)  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 account of the protected person; or

  (b)  Evidence linking the account to the protected person.

  3.  A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause.  A request made under this subsection shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.

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(L. 2018 H.B. 1250)