New Law Authorizing Access to Digital Assets

On Tuesday, Delaware Governor Jack Markell signed legislation authorizing fiduciaries to access and control digital assets and accounts of those they represent.  The law recognizes that more people are piloting more of their lives online, which can pose challenges when a person dies or becomes incapacitated.  The new law permits fiduciaries to access email, social media, financial management, health care and other digital accounts. 

Developed by the Uniform Law Commission, this law is the first of its kind in the country. 

See Associated Press, Delaware Fiduciaries Gain Access to Digital Assets, The Washington Post, Aug. 12, 2014.

Special thanks to Naomi Cahn (Harold H. Greene Professor of Law, George Washington University School of Law) for bringing this article to my attention.