Bill > H4639

This bill establishes the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, which provides 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 in cases of incapacitation. The legislation defines digital assets broadly as electronic records in which an individual has a right or interest, and creates a systematic approach for accessing these assets while respecting user privacy. Key provisions include allowing users to specify in advance whether they want their digital assets (like email, social media, and online accounts) to be accessible to their appointed representatives, establishing a hierarchy of user preferences through online tools and legal documents, and providing guidelines for custodians of digital assets on how to handle disclosure requests. The bill also protects custodians from liability when they comply in good faith with disclosure requests, ensures that fiduciaries can only access digital assets to the same extent the original user could, and requires fiduciaries to adhere to duties of care, loyalty, and confidentiality when managing digital assets. The legislation aims to provide clarity and consistency in managing digital assets across various scenarios, such as estate administration, power of attorney, trusts, and conservatorship, while balancing the need for access with protecting individual privacy and digital rights.

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H4639