Alaska Statutes: AS 13.63.120. Fiduciary Duty and Authority.

Alaska Statutes. Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts. Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act Section 120. Fiduciary Duty and Authority.

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AS 13.63.120. Fiduciary Duty and Authority.

   (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including
        (1) the duty of care;
        (2) the duty of loyalty; and
        (3) the duty of confidentiality.
   (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user
        (1) except as otherwise provided in AS 13.63.010, is subject to the applicable terms of service;
        (2) is subject to other applicable law, including copyright law;
        (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
        (4) may not be used to impersonate the user.
   (c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
   (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 11.46.740.
   (e) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor
        (1) has the right to access the property and any digital asset stored in it; and
        (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 11.46.740.
   (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user
   (g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by
        (1) if the user is deceased, a certified copy of the death certificate of the user;
        (2) a certified copy of the letters testamentary of the personal representative, the superior court order, the power of attorney, or the trust instrument giving the fiduciary authority over the account; and
        (3) if requested by the custodian,
             (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
             (B) evidence linking the account to the user; or
             (C) a finding by the superior court that the user had a specific account with the custodian, identifiable by the information specified in (A) of this paragraph.

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