Bill > H1968

This bill introduces the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, which establishes a comprehensive legal framework for how fiduciaries (such as executors, trustees, agents with power of attorney, and conservators) can access a person's digital assets after death or incapacitation. The act provides clear guidelines for accessing electronic communications, digital accounts, and other digital assets, giving fiduciaries the ability to manage these assets similarly to physical assets while respecting the user's privacy. It allows users to provide explicit directions about digital asset access through online tools, wills, trusts, or powers of attorney, with provisions that override conflicting terms of service agreements. The bill defines various terms related to digital assets and specifies the procedures custodians must follow when responding to requests for access, including requiring specific documentation like death certificates or court orders. It also provides legal protections for custodians, ensuring they can disclose information in good faith, and establishes that fiduciaries must act within the same legal duties they would for physical property, such as maintaining confidentiality and acting in the best interest of the estate or protected person. The act will take effect one year after its passage and aims to provide clarity and consistency in managing digital assets after a person's death or incapacitation.

Justice

https://malegislature.gov/Bills/194/H1968