reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 2 - JURISDICTION › Section 15-13-206 - APPROPRIATE FORUM.

15-13-206. APPROPRIATE FORUM. (1) A court of this state having jurisdiction pursuant to section 15–13–203, Idaho Code, to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) Any expressed preference of the respondent;
(b) Whether there is reason to suspect that abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;
(c) The length of time the respondent was physically present in or was a legal resident of this or another state;
(d) The distance of the respondent from the court in each state;
(e) The financial circumstances of the respondent’s estate;
(f) The nature and location of the evidence;
(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) The familiarity of the court of each state with the facts and issues in the proceeding; and
(i) If an appointment was made, the court’s ability to monitor the conduct of the guardian or conservator.
History:
[15-13-206, added 2011, ch. 36, sec. 1, p. 82.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 2 - JURISDICTION › Section 15-13-207 - JURISDICTION DECLINED BY REASON OF CONDUCT.

15-13-207. JURISDICTION DECLINED BY REASON OF CONDUCT. (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
(ii) Whether it is a more appropriate forum than the court of any other state under the factors set forth in section 15–13–206(c), Idaho Code; and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 15–13–203, Idaho Code.
(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than this chapter.
History:
[15-13-207, added 2011, ch. 36, sec. 1, p. 83.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 2 - JURISDICTION › Section 15-13-208 - NOTICE OF PROCEEDING.

15-13-208. NOTICE OF PROCEEDING. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding was brought in the respondent’s home state. The notice must be given in the same manner as notice is required to be given in this state.
History:
[15-13-208, added 2011, ch. 36, sec. 1, p. 83.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 2 - JURISDICTION › Section 15-13-209 - PROCEEDINGS IN MORE THAN ONE STATE.

15-13-209. PROCEEDINGS IN MORE THAN ONE STATE. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state pursuant to section 15–13–204(1)(a) or (1)(b), Idaho Code, if a petition for the appointment of a guardian or issuance of a conservatorship or other protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction pursuant to section 15–13–203, Idaho Code, it may proceed with the case unless a court in another state acquires jurisdiction pursuant to provisions similar to section 15–13–203, Idaho Code, before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction pursuant to section 15–13–203, Idaho Code, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
History:
[15-13-209, added 2011, ch. 36, sec. 1, p. 83.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE › Section 15-13-301 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE.

15-13-301. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE. (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(2) Notice of a petition pursuant to subsection (1) of this section must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(3) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 15–13–201(b), Idaho Code;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) Adequate arrangements will be made for management of the protected person’s property.
(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred that is issued under provisions similar to section 15–13–302, Idaho Code; and
(b) The documents required to terminate a guardianship or conservatorship in this state.
History:
[15-13-301, added 2011, ch. 36, sec. 1, p. 84.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE › Section 15-13-302 - ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP TRANSFERRED FROM ANOTHER STATE.

15-13-302. ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP TRANSFERRED FROM ANOTHER STATE. (1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 15–13–301, Idaho Code, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state’s provisional order of transfer.
(2) Notice of a petition pursuant to subsection (1) of this section must be given to those persons that would be entitled to notice if the petition was a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(3) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting a petition filed pursuant to subsection (1) of this section unless:
(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(b) The guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing a guardian or conservator as guardian or conservator in this state upon its receipt, from the court from which the proceeding is being transferred, of a final order issued under provisions similar to section 15–13–301, Idaho Code, transferring the proceeding to this state.
(6) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(7) In granting a petition pursuant to this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of a guardian or conservator.
(8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state pursuant to chapter 5, title 15, Idaho Code, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
History:
[15-13-302, added 2011, ch. 36, sec. 1, p. 84.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES › Section 15-13-401 - REGISTRATION OF GUARDIANSHIP ORDERS.

15-13-401. REGISTRATION OF GUARDIANSHIP ORDERS. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
History:
[15-13-401, added 2011, ch. 36, sec. 1, p. 85.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES › Section 15-13-402 - REGISTRATION OF PROTECTIVE ORDERS.

15-13-402. REGISTRATION OF PROTECTIVE ORDERS. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
History:
[15-13-402, added 2011, ch. 36, sec. 1, p. 85.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES › Section 15-13-403 - EFFECT OF REGISTRATION.

15-13-403. EFFECT OF REGISTRATION. (1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2) A court of this state may grant any relief available pursuant to this chapter and other law of this state to enforce a registered order.
History:
[15-13-403, added 2011, ch. 36, sec. 1, p. 86.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 5 - MISCELLANEOUS PROVISIONS › Section 15-13-501 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

15-13-501. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[15-13-501, added 2011, ch. 36, sec. 1, p. 86.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 5 - MISCELLANEOUS PROVISIONS › Section 15-13-502 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

15-13-502. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001, et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
History:
[15-13-502, added 2011, ch. 36, sec. 1, p. 86.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 5 - MISCELLANEOUS PROVISIONS › Section 15-13-503 - [RESERVED.]

15-13-503. [RESERVED.]
History:
[15-13-503, added 2011, ch. 36, sec. 1, p. 86.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 13 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Part 5 - MISCELLANEOUS PROVISIONS › Section 15-13-504 - TRANSITIONAL PROVISION.

15-13-504. TRANSITIONAL PROVISION. (1) This chapter applies to guardianship and protective proceedings begun on or after July 1, 2011.
(2) Parts 1, 3 and 4 of this chapter and sections 15–13–501 and 15–13–502, Idaho Code, apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued.
History:
[15-13-504, added 2011, ch. 36, sec. 1, p. 86.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-101 - SHORT TITLE.

15-14-101. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act."
History:
[15-14-101, added 2016, ch. 263, sec. 1, p. 685.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-103 - APPLICABILITY.

15-14-103. APPLICABILITY. (1) This chapter applies to:
(a) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2016;
(b) A personal representative acting for a decedent who died before, on or after July 1, 2016;
(c) A conservatorship proceeding commenced before, on or after July 1, 2016; and
(d) A trustee acting under a trust created before, on or after July 1, 2016.
(2) 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.
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
History:
[15-14-103, added 2016, ch. 263, sec. 1, p. 687.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-104 - USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.

15-14-104. USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS. (1) A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
(2) If a user has not used an online tool to give direction under subsection (1) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, the disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
(3) A user’s direction under subsection (1) or (2) of this section overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
History:
[15-14-104, added 2016, ch. 263, sec. 1, p. 687.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-105 - TERMS OF SERVICE AGREEMENT.

15-14-105. TERMS OF SERVICE AGREEMENT. (1) This chapter does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user.
(2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(3) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law or by a terms of service agreement if the user has not provided direction under section 15-14-104, Idaho Code.
History:
[15-14-105, added 2016, ch. 263, sec. 1, p. 687.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-106 - PROCEDURE FOR DISCLOSING DIGITAL ASSETS.

15-14-106. PROCEDURE FOR DISCLOSING DIGITAL ASSETS. (1) When disclosing the digital assets of a user under this chapter, the custodian may at its sole discretion:
(a) Grant a fiduciary or designated recipient full access to the user’s account;
(b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) Provide a fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(3) A custodian need not disclose a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a custodian to disclose some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary may seek an order from the court for an order to disclose:
(a) A subset limited by date of the user’s digital assets;
(b) All of the user’s digital assets to the fiduciary or designated recipient;
(c) None of the user’s digital assets; or
(d) All of the user’s digital assets to the court for review in camera.
History:
[15-14-106, added 2016, ch. 263, sec. 1, p. 688.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-107 - DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.

15-14-107. DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letter of appointment of the personal representative or a small estate affidavit or court order;
(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(a) A number, user name, 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 court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or
(ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222, or other applicable law;
(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.
History:
[15-14-107, added 2016, ch. 263, sec. 1, p. 688.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-108 - DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.

15-14-108. DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letter of appointment of the representative or a small estate affidavit or court order; and
(4) If requested by the custodian:
(a) A number, user name, 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;
(c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for the administration of the estate; or
(d) A finding by the court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or
(ii) Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.
History:
[15-14-108, added 2016, ch. 263, sec. 1, p. 689.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-109 - DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.

15-14-109. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication sent or received by the principal if the agent gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.
History:
[15-14-109, added 2016, ch. 263, sec. 1, p. 689.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-110 - DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.

15-14-110. DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL. Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of the principal a catalog of electronic communications sent or received by the principal and digital assets of the principal, other than the content of electronic communications, if the agent gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(b) Evidence linking the account to the principal.
History:
[15-14-110, added 2016, ch. 263, sec. 1, p. 689.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-111 - DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL USER.

15-14-111. DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL USER. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including any catalog of electronic communications of the trustee and the content of electronic communications.
History:
[15-14-111, added 2016, ch. 263, sec. 1, p. 690.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-112 - DISCLOSURE OF CONTENTS OF ELECTRONIC COMMUNICATIONS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER.

15-14-112. DISCLOSURE OF CONTENTS OF ELECTRONIC COMMUNICATIONS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of the account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under chapter 1, title 68, Idaho Code, that includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b) Evidence linking the account to the trust.
History:
[15-14-112, added 2016, ch. 263, sec. 1, p. 690.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-113 - DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER.

15-14-113. DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets in which the trust has a right or interest, other than the content of electronic communications, if the trustee gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under chapter 1, title 68, Idaho Code;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(b) Evidence linking the account to the trust.
History:
[15-14-113, added 2016, ch. 263, sec. 1, p. 690.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-114 - DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON.

15-14-114. DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON. (1) The court, after an opportunity for a hearing under part 4, chapter 5, title 15, Idaho Code, may grant a conservator the right to access a protected person’s digital assets.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalog of electronic communications sent or received by the protected person and any digital assets in which the protected person has a right or interest, other than the content of electronic communications, if the conservator gives to 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 authority over the protected person’s digital assets; and
(c) If requested by the custodian:
(i) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the protected person’s account; or
(ii) Evidence linking the account to the protected person.
(3) A conservator with general authority to manage the assets of a protected person may request a custodian of the protected person’s digital assets 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 authority over the protected person’s property.
History:
[15-14-114, added 2016, ch. 263, sec. 1, p. 690.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-115 - FIDUCIARY DUTY AND AUTHORITY.

15-14-115. FIDUCIARY DUTY AND AUTHORITY. (1) The legal duties imposed on a fiduciary charged with managing tangible personal property apply to the management of digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
(2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:
(a) Is subject to the applicable terms of service agreement governing the account, except as otherwise provided in section 15-14-104, Idaho Code;
(b) Is subject to other applicable laws, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
(d) May not be used to impersonate the user.
(3) 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.
(4) 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 section 18-2202, Idaho Code.
(5) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including section 18-2202, Idaho Code.
(6) 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.
(7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for account termination must be in writing, in either physical or electronic form, and accompanied by:
(a) If the user is deceased, a certified copy of the death certificate of the user;
(b) A certified copy of the letter of appointment of the personal representative or a small estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account; and
(c) If requested by the custodian:
(i) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii) Evidence linking the account to the user; or
(iii) An order of the court finding that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (i) of this paragraph.
History:
[15-14-115, added 2016, ch. 263, sec. 1, p. 691.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-116 - CUSTODIAN COMPLIANCE AND IMMUNITY.

15-14-116. CUSTODIAN COMPLIANCE AND IMMUNITY. (1) Not later than sixty (60) days after receipt of the information required under sections 15-14-107 through 15-14-115, Idaho Code, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or to terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702.
(3) A custodian may notify the user that a request for disclosure of digital assets or account termination was made pursuant to this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or account termination if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(5) This chapter does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination to obtain a court order which:
(a) Specifies that an account belongs to the protected person or principal;
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) Contains a finding required by any other applicable law.
(6) A custodian and its officers, employees and agents are immune from liability for an act or omission done reasonably and in good faith compliance with this chapter.
History:
[15-14-116, added 2016, ch. 263, sec. 1, p. 692.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-117 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

15-14-117. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[15-14-117, added 2016, ch. 263, sec. 1, p. 692.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-118 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

15-14-118. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History:
[15-14-118, added 2016, ch. 263, sec. 1, p. 692.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › Section 15-14-119 - SEVERABILITY.

15-14-119. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
[15-14-119, added 2016, ch. 263, sec. 1, p. 692.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-101 - SHORT TITLE.

15-15-101. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Recognition of Substitute Decision-Making Documents Act."
History:
[15-15-101, added 2015, ch. 115, sec. 1, p. 298.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-102 - DEFINITIONS.

15-15-102. DEFINITIONS. As used in this chapter:
(1) "Decision maker" means a person authorized to act for an individual under a substitute decision-making document, whether denominated a decision maker, agent, attorney in fact, proxy, representative or by another title. The term includes an original decision maker, a co-decision maker, a successor decision maker and a person to which a decision maker’s authority is delegated.
(2) "Good faith" means honesty in fact.
(3) "Health care" means a service or procedure to maintain, diagnose, treat or otherwise affect an individual’s physical or mental condition.
(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity.
(5) "Personal care" means an arrangement or service to provide an individual shelter, food, clothing, transportation, education, recreation, social contact or assistance with the activities of daily living.
(6) "Property" means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right therein.
(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8) "Substitute decision-making document" means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care or personal care.
History:
[15-15-102, added 2015, ch. 115, sec. 1, p. 298.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-103 - VALIDITY OF SUBSTITUTE DECISION-MAKING DOCUMENT.

15-15-103. VALIDITY OF SUBSTITUTE DECISION-MAKING DOCUMENT. (1) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.
(2) A substitute decision-making document for health care or personal care executed outside this state is valid in this state if, when the document was executed, the execution complied with:
(a) The law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed; or
(b) The law of this state other than this chapter.
(3) Except as otherwise provided by law of this state other than this chapter, a photocopy or electronically transmitted copy of an original substitute decision-making document has the same effect as the original.
History:
[15-15-103, added 2015, ch. 115, sec. 1, p. 298.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-104 - MEANING AND EFFECT OF SUBSTITUTE DECISION-MAKING DOCUMENT.

15-15-104. MEANING AND EFFECT OF SUBSTITUTE DECISION-MAKING DOCUMENT. The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.
History:
[15-15-104, added 2015, ch. 115, sec. 1, p. 298.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-105 - RELIANCE UPON SUBSTITUTE DECISION-MAKING DOCUMENT.

15-15-105. RELIANCE UPON SUBSTITUTE DECISION-MAKING DOCUMENT. (1) Except as otherwise provided for in sections 15-12-119 and 39-4513, Idaho Code, a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker’s authority is genuine, valid and still in effect.
(2) A person that is asked to accept a substitute decision-making document may request and without further investigation rely upon:
(a) The decision maker’s assertion of a fact concerning the individual for whom a decision will be made, the decision maker or the document;
(b) A translation of the document if the document contains, in whole or in part, language other than English; and
(c) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request.
History:
[15-15-105, added 2015, ch. 115, sec. 1, p. 298.]