On Aug. 27, CAL LEG passed bill re fiduciary access to digital assets.
CAL LEG passed Bill SB 1458, Revised uniform fiduciary access to digital assets act.
Expanded act to additionally apply to a fiduciary acting as a conservator appointed by the court to manage estate of a living individual or agent acting as an attorney-in-fact.
Who is granted authority under a durable or nondurable power of attorney (POA).
Amends CAL Probate Code re agent disclosure of e-communication and digital assets.
Provisions defined court, digital assets, amends definition for fiduciary, trustee, agent, conservator, conservatee, principal who grants authority to agent in power of attorney.
If power of attorney grants an agent authority over contents of e-communications, a custodian will disclose its contents, if agent provides custodian with certain details.
Applies to custodian disclosure to agents with authority over digital assets/disclosure to conservator e-communications sent or received by conservatee and digital assets.
The custodian is not required to share passwords or to decrypt protected devices.
Fiduciary of deceased user may request a custodian to close user's account, or if user is conservatee, court order authorizing conservator to request termination of account.
Legislative History
On Feb. 16, 2024, bill introduced in Senate; on Apr. 11, 2024, bill passed in Senate.
On Apr. 11, 2024, bill sent to Assembly; on Aug. 19, 2024, bill passed in Assembly.
On Aug. 20, 2024, bill sent to Senate; on Aug. 22, 2024, amendments concurred in.
On Aug. 27, 2024, bill was enrolled and presented to governor for signature or veto.
Effectiveness
If enacted, bill will become effective as of Jan. 1, 2025.
Sep. 2024 CAL LEG Governor Approval
On Sep. 27, 2024, CAL LEG reported bill SB 1458 approved, assigned Chapter 799.
