The Atlanta Lawyer August / September 2018 | Page 28
Don’t Stop Thinking About
Tomorrow (or Your Digital Assets)
Jacquelyn Saylor
The Saylor Law Firm, LLP
[email protected]
Yesterday’s gone, and Georgia’s
State Legislature has made another
leap into the twenty-first century.
The Revised Uniform Fiduciary
Access to Digital Assets Act 1
addresses critical estate planning
questions that have arisen in
the Digital Age. This act is an
excellent step towards answering
questions that people have in
regards to their digital assets and
electronic communications. Have
you thought about what happens
to one’s social media accounts
when they pass away or become
incapacitated or how does one
ensure that a revenue producing
account on content creation
platforms gets passed down to my
children? With proper planning,
this act allows the peace of mind
of knowing that your digital
legacy is preserved, continued, or
discontinued, as you see fit.
Jaran Blessing
Extern, The Saylor Law Firm LLP,
Emory University School of Law, 3L
[email protected]
and electronic communications. 2
Unless specified otherwise, an
agent acting under a power of
attorney will have the authority
to manage digital assets and
review a catalogue of electronic
communications. This catalogue
will provide the date and
recipient of every electronic
communication, without
providing access to the actual
contents of the electronic
communications, unless specified
in the document. In order to
exercise this authority, an agent
must submit the requisite
documents prescribed by the
statute, to the custodian in charge
of maintaining the digital assets
in question. 3
2
Ga. Code Ann. §10-6B-
2(10) (2018) noting the change to
the definition of “property” which
now states “…and shall include
digital assets and electronic
A crucial aspect of the Act is that communications, as such terms
it revises the general definition of are defined in Code Section 53-
“property” to include digital assets 13-2.”
1
Ga. Code Ann. §53-13
3
Ga. Code Ann. §53-13-15
(2018)
(2018)
The Act primarily deals with
fiduciaries, custodians, and their
relation to the digital assets and
electronic communications of
individuals or estates and has very
particular definitions.
“Digital Asset” perhaps the
most important definition, is
described as “an electronic record
in which an individual has a
right or interest, such term shall
not include an underlying asset
or liability unless the asset or
liability itself is an electronic
record.” 4 This broad definition
includes just about any electronic
account or record you may have
with various companies and
websites.
“Electronic communications” 5
are exactly what you would
think they would be; transfers
of data, signals, writing, etc. that
4
Ga. Code Ann. §53-13-
2(9) (2018)
5
Ga. Code Ann. §53-13-
2(11) (2018)
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