Maine Enacts Provisions Regarding Revised Uniform Fiduciary Access to Digital Assets Act
Through House Bill 595, the state of Maine enacted the Revised Uniform Fiduciary Access to Digital Assets Act, Article 10 in the Maine Revised Statutes, Title 18-A. These provisions are effective on effective on July 1, 2018.
The Revised Uniform Fiduciary Access to Digital Assets Act ensures users retain control of their digital property and can plan for its ultimate disposition after their death. Under the Maine act, users may direct a custodian to disclose digital assets through use of an online tool or through a will, trust, or power of attorney (18-A MRSA §10-104). These provisions also address the expectation of privacy under federal law; fiduciaries will have the same access to digital assets as they have to tangible assets and the same duty to comply with the user’s instructions. “This Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.” (18-A MRSA §10-105(2))
The custodian may disclose digital assets by granting the fiduciary: full access to the account, sufficient partial access to perform the task with which they are charged, or a copy (18-A MRSA §10-106). In the case of a deceased user, a representative of the estate must provide the custodian with: a written request for access, death certificate, letters of appointment, a record of consent to disclosure, and at the request of the custodian some other identifying information. (18-A MRSA §10-107)
These provisions also cover: disclosure of digital assets to conservator of protected person, fiduciary duty and authority, custodian compliance and immunity. Part B of Maine House Paper 595 amends the Maine Uniform Power of Attorney Act to specifically allow a power of attorney to grant an agent access to “the content of an electronic communication of the principal…” (Sec. B-3. 18-A MRSA §5-931, sub-§(a), ¶(9)). The definition of property is also amended to include digital assets.
The full text of these provisions can be found here: https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0595&item=3&snum=128
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