An Act To Enact the Revised Uniform Fiduciary Access to Digital Assets Act
Maine Legislature, Session 128, LD 0846
Committee Amendment CA_A_H691 (House)
Amends: 18-A MRSA §1

COMMITTEE AMENDMENT" A 
"to H.P. 595, L.D. 846, Bill, "An Act To Enact 
the Revised Uniform Fiduciary Access to Digital Assets Act" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
1Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Maine law currently does not address how a fiduciary, such as a personal 
representative, can access and manage digital assets and communication; and 
Whereas, Maine law currently does not address the authority of custodians of digital 
assets and communications to deal with fiduciaries; and 
Whereas, the Revised Unifonn Fiduciary Access to Digital Assets Act establishes 
procedures, standards and legal responsibilities to ensure the proper management and 
protection of digital assets and communications, consistent with federal requirements; 
and 
Whereas, the sooner these issues are resolved, the sooner fiduciaries can manage 
and protect digital assets and communications to the extent authorized by this law; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,1 
Amend the bill in Part A in section 1 in section 10-102 in subsection 5 in the last line 
(page 1, line 25 in L.D.) by inserting after the following: "limited conservator
the 
following: 'and a guardian exercising the powers of a conservator when a conservator has 
not been appointed' 
Amend the bill in Part A in section 1 in section 10-102 in subsection 17 in the last 
line (page 2, line 28 in L.D.) by inserting after the following: "Act" the following: 
1and a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P, 595, L,D, 846 
person claiming to be a successor of the decedent user who presents an affidavit under 
section 3-1201' 
Amend the bill in Part A in section 1 in section 10-102 in subsection 20 in the last 
line (page 2, line 35 in L.D.) by inserting after the following: "pending" the following: 
'and an individual for whom a guardian has been appointed, when no conservator has 
been appointed' 
Amend the bill in Part A in section 1 in section 10-103 in subsection 1 in paragraph A 
in the last line (page 3, line 17 in L.D.) by striking out the following: "January 1, 2018" 
and inserting the following: 'July 1, 2018' 
Amend the bill in Part A in section 1 in section 10-103 in subsection 1 in paragraph B 
in the last line (page 3, line 19 in L.D.) by striking out the following: "January 1, 2018" 
and inserting the following: 'July 1. 2018' 
Amend the bill in Part A in section 1 in section 10-103 in subsection 1 in paragraph C 
in the first line (page 3, line 20 in L.D.) by striking out the following: "January 1, 2018" 
and inserting the following: 'July 1. 2018' 
Amend the bill in Part A in section 1 in section 10-103 in subsection 1 in paragraph D 
(page 3, line 22 in L.D.) by strildng out the following: "January 1. 2018" and inserting the 
following: 'July 1, 2018' 
Amend the bill in Part B by inserting before section B-1 the following: 
'Sec. B-1. 18-A MRSA §1-201, sub-§(33), as enacted by PL 1979, c. 540, §1, is 
amended to read: 
(33). 
"Property" includes both real and personal property or any interest therein 
and means anything that may be the subject of ownership, including a digital asset as 
defined in section 10-102, subsection 9,' 
Amend the bill by strildng out all of Part C. 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect July 1, 2018.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment revises definitions to accommodate practices in Maine with regard 
to certain guardians and with regard to small estates. 
The definition of "conservator" is amended to include a guardian when the guardian 
is exercising the powers of a conservator because no conservator has been appointed. To 
be consistent, the definition of "protected person" is amended to include a person for 
whom a guardian has been appointed when no conservator has been appointed. 
COMMITTEE AMENDMENT 
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\,Q.' 
COMMITTEE AMENDMENT" A" to H.P. 595, L.D. 846 
The definition of "personal representative" is amended to cover a person claiming to 
be a successor of the decedent user who presents an affidavit governing access to assets 
in a small estate. 
This amendment amends the definition of "property'' that applies to the entire Probate 
Code to include a digital asset as defined in the bill. 
This amendment adds an emergency preamble and emergency clause and changes the 
effective date to July 1, 2018. 
COMMITTEE AMENDMENT