TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES

CHAPTER 554-A
REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

Section 554-A:3

    554-A:3 Applicability. –
(a) This chapter applies to:
(1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter;
(2) A personal representative acting for a decedent who died before, on, or after the effective date of this chapter;
(3) A conservatorship or guardianship proceeding commenced before, on, or after the effective date of this chapter; and
(4) A trustee acting under a trust created before, on, or after the effective date of this chapter.
(b) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(c) This chapter shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
(d) This chapter shall not apply to a digital asset that includes protected health information as defined under 45 C.F.R. section 160.103 unless the requirements to access such information under applicable federal and state law are satisfied.

Source. 2019, 140:1, eff. June 25, 2019.