Bill > H1855

This bill establishes the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, which creates a comprehensive legal framework for how fiduciaries (such as executors, agents with power of attorney, trustees, and conservators) can access a person's digital assets after death or in cases of incapacity. The legislation defines digital assets broadly as electronic records in which an individual has a right or interest, and provides detailed procedures for accessing these assets, including electronic communications, online accounts, and digital files. Key provisions include allowing users to specify through online tools or legal documents whether they want their digital assets disclosed to fiduciaries, establishing a hierarchy of consent and access rights, and protecting the privacy and terms of service of digital accounts. The bill requires custodians of digital assets (like online service providers) to comply with disclosure requests from authorized fiduciaries within 60 days, while also providing immunity to these custodians when they act in good faith. Additionally, the act ensures that fiduciaries have a duty of care, loyalty, and confidentiality when managing digital assets, and it explicitly states that fiduciaries cannot impersonate the original user or access assets beyond the scope of their legal authority. The legislation aims to provide clarity and uniformity in managing digital assets during estate planning, guardianship, and other scenarios involving legal representation.

Justice

https://malegislature.gov/Bills/194/H1855