N.D. Cent. Code § 47-36-13

Current through 2024 Legislative Session
Section 47-36-13 - Disclosure of digital assets to conservator or guardian of protected person
1. After an opportunity for a hearing under section 30.1-29-07, the court may grant a conservator or guardian access to the digital assets of a protected person.
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:
a. A written request for disclosure in physical or electronic form;
b. A certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
c. If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(2) Evidence linking the account to the protected person.
3. A conservator or guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.

N.D.C.C. § 47-36-13

Added by S.L. 2017 , ch. 318( HB 1214 ), § 1, eff. 8/1/2017.