Delaware General Assembly

Signed 8/12/14

The General Assembly has ended, the current status is the final status.

5/15/14

Scott

Sen. Townsend, Bushweller
Reps. Barbieri, Baumbach, Bennett, Dukes, Heffernan, Hudson, J. Johnson, Q. Johnson, Longhurst, Mitchell, Paradee, Ramone, B. Short, D. Short, M. Smith, Walker, K. Williams

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS.

Recognizing that an increasing percentage of people's lives are being conducted online and that this has posed challenges after a person dies or becomes incapacitated, this Act specifically authorizes fiduciaries to access and control the digital assets and digital accounts of an incapacitated person, principal under a personal power of attorney, decedents or settlors, and beneficiaries of trusts. The Act should be construed liberally to allow such access and control, especially when expressly provided for in a written instrument. Section 1 creates a new Chapter 50 in Title 12 to contain the Act itself while Sections 2 through 4 amend existing statutes pertaining to personal powers of attorney, guardianships, and trustee powers to include the authority permitted under Section 1.

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Takes effect upon being signed into law

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