2015 was a good year for death. Without much hesitation writers and editors both agreed that death topics sold copy/generated clicks so the stories kept…
Death + the Law
April 2, 2015
Abusing the Corpse Even More: Understanding Necrophilia Laws in the USA — Now with more Necro! And more Philia! An Illustrated Lecture by Dr. John…
August 31, 2014
Coverage for End-of-Life Talks Gaining Ground Pam Belluck, The New York Times (August 31, 2014) Medicare may cover advance care planning that was once decried…
July 25, 2014
From America’s Busiest Death Chamber, a Catalog of Last Rants, Pleas and Apologies Manny Fernandez, The New York Times (June 29, 2013) Texas has executed…
July 21, 2014
Dutch Investigators Finally Gain Access to MH17 Remains Caroline Bankoff, Daily Intelligencer (July 21, 2014) Last week’s shooting down of Malaysia Airlines Flight 17 in…
July 19, 2014
Uniform Fiduciary Access to Digital Assets Act Approved
A new act approved today by a national law group provides comprehensive provisions governing access to digital assets. The Uniform Fiduciary Access to Digital Assets Act (UFADAA) was approved by the Uniform Law Commission (ULC) at its 123rd Annual Meeting in Seattle
Uniform Law Commission Press Release (July 16, 2014)
The Death Reference Desk has been so busy this week with all things assisted dying that we missed an important development in the digital death world.
Earlier this week, the Uniform Law Commission approved a new model law that allows access to digital assets, i.e., photos, documents, social media accounts, etc., by a person other than the original owner if an executor is named.
The ULC develops proposed legislation for potential use by all 50 US States. This particular bill is important for anyone thinking about who or whom will have access to your digital files, assets, properties, e-mails, photos, etc., after you die.
We’ve only got the press release to work from right now, which isn’t ideal, but there will more to come about the ULC’s approval.
The approved bill is summed up this way:
In the modern world, digital assets have largely replaced tangible ones. Documents are stored in electronic files rather than in file cabinets. Photographs are uploaded to web sites rather than printed on paper. However, the laws governing fiduciary access to these digital assets are in need of an update.
The Uniform Fiduciary Access to Digital Assets Act [UFADAA] solves the problem using the concept of “media neutrality.” If a fiduciary would have access to a tangible asset, that fiduciary will also have access to a similar type of digital asset. UFADAA governs four common types of fiduciaries: personal representatives of a deceased person’s estate; guardians or conservators of a protected person’s estate; agents under a power of attorney; and trustees.
But don’t worry, if you want to hide embarrassing e-mail messages or make sure that no one knows about your online shenanigans (we’re not judging) then this proposed legislation covers those situations too.
Just remember: if you don’t want the kids to know about it, then don’t do it online.
You can read the bill here.
Unless, of course, we’re all just living in a digital simulation.
Uniform Fiduciary Access to Digital Assets Act Approved A new act approved today by a national law group provides comprehensive provisions governing access to digital…