An Act To Enact the Recommendations of the Probate and Trust Law Advisory Commission Regarding the Maine Uniform Fiduciary Access to Digital Assets Act
Sec. A-1. 18-A MRSA, art. 10 is enacted to read:
MAINE UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
§ 10-101. Short title
This Act may be known and cited as "the Maine Uniform Fiduciary Access to Digital Assets Act."
§ 10-102. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.
§ 10-103. Applicablity
§ 10-104. Access by personal representative to digital asset of decedent
Subject to section 10-108, subsection (b) and unless otherwise ordered by the court or provided in the will of a decedent, the personal representative of the decedent has the right to access:
§ 10-105. Access by conservator to digital asset of protected person
Subject to section 10-108, subsection (b), the court, after an opportunity for hearing under Article 5, Part 4, may grant a conservator the right to access:
§ 10-106. Access by agent to digital asset of principal
§ 10-107. Access by trustee to digital asset
§ 10-108. Fiduciary authority
§ 10-109. Compliance
§ 10-110. Custodian immunity
A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this Act.
§ 10-111. Uniformity of application and construction
In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 10-112. Relation to Electronic Signatures in Global and National Commerce Act
This Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 United States Code, Section 7003(b).
Sec. B-1. 18-A MRSA §5-931, sub-§(a), ¶¶(7) and (8), as enacted by PL 2009, c. 292, §2 and affected by §6, are amended to read:
Sec. B-2. 18-A MRSA §5-931, sub-§(a), ¶(9) is enacted to read:
Sec. C-1. Effective date. This Act takes effect January 1, 2016.
This bill enacts the Uniform Fiduciary Access to Digital Assets Act as the Maine Uniform Fiduciary Access to Digital Assets Act as a new Article 10 in the Maine Revised Statutes, Title 18-A. The Probate and Trust Law Advisory Commission recommended enactment in the report submitted to the Joint Standing Committee on Judiciary pursuant to Resolve 2013, chapter 27 as amended by Resolve 2013, chapter 81.
The Prefatory Note and accompanying Comments to the Uniform Fiduciary Access to Digital Assets Act provide a summary and explanation of the Uniform Fiduciary Access to Digital Assets Act. The Uniform Fiduciary Access to Digital Assets Act provides an important update for the Internet age. A generation ago, files were stored in cabinets, photos were stored in albums and mail was delivered by a human being. Today, people are more likely to use the Internet to communicate and store information. The Uniform Fiduciary Access to Digital Assets Act ensures account holders retain control of their digital property and can plan for its ultimate disposition after their death. Unless the account holder instructs otherwise, legally appointed fiduciaries will have the same access to digital assets as they have always had to tangible assets and the same duty to comply with the account holder's instructions.
This bill modifies the Uniform Fiduciary Access to Digital Assets Act to be consistent with existing Maine law with regard to conservators. Part B amends Maine's Uniform Power of Attorney Act to specifically allow a power of attorney to grant authority to enable the agent to access the content of an electronic communication to be consistent with the grant of express authority required by Section 6 of the Uniform Fiduciary Access to Digital Assets Act, included in this bill as the Maine Revised Statutes, Title 18-A, section 10-106.
Part C provides that this bill takes effect January 1, 2016.