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.