AB695: Bill Text

AB695,16,10 (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.

AB695,16,13 (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the digital assets of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws.

AB695,16,16 (e) 1. A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor has the right to access the tangible personal property and any digital asset stored in the tangible personal property.

AB695,16,20 2. A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor is an authorized user of digital assets stored in the tangible personal property for the purpose of computer fraud and unauthorized computer access laws.

AB695,16,23 (f) A custodian may disclose information in a user's 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.

AB695,17,3 (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 all of the following:

AB695,17,4 1. If the user is deceased, a certified copy of the death certificate of the user.

AB695,17,6 2. Any of the following that grants the fiduciary authority over the user's account:

AB695,17,7 a. A certified copy of the fiduciary's letters to administer the user's estate.

AB695,17,8 b. A certified copy of the letters of special administration.

AB695,17,9 c. A certified copy of a court order.

AB695,17,10 d. An original or copy of a power of attorney.

AB695,17,11 e. A copy of the trust instrument or a certification of the trust under s. 701.1013.

AB695,17,12 3. If requested by the custodian, any of the following:

AB695,17,14 a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account.

AB695,17,15 b. Evidence linking the account to the user.

AB695,17,17 c. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subd. 3. a.

AB695,17,23 (15) Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under subs. (6) to (13), as applicable, a custodian shall comply with a request under this section from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing the custodian to comply with the request.

AB695,18,3 (b) A court shall include in an order directing a custodian to comply with a request made under this section a finding that compliance with the request does not violate 18 USC 2702.

AB695,18,5 (c) A custodian may notify the user that a request for disclosure of digital assets or to terminate an account was made under this section.

AB695,18,9 (d) A custodian may deny a request under this section from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account after the receipt of the fiduciary's request.

AB695,18,12 (e) This section does not limit a custodian's ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this section to obtain a court order that does all of the following:

AB695,18,13 1. Specifies that an account belongs to the protected person or principal.

AB695,18,15 2. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.

AB695,18,16 3. Contains any findings required by law other than this section.

AB695,18,18 (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this section.

AB695,18,21 (16) 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.

AB695,19,2 (17) Relation to Electronic Signatures in Global and National Commerce Act. This section modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).

AB695,19,3 (18) Applicability. (a) This section applies to all of the following:

AB695,19,5 1. A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this subdivision .... [LRB inserts date].

AB695,19,7 2. A personal representative acting for a decedent who died before, on, or after the effective date of this subdivision .... [LRB inserts date].

AB695,19,10 3. A guardianship or conservatorship proceeding, whether pending in a court or commenced before, on, or after the effective date of this subdivision .... [LRB inserts date].

AB695,19,12 4. A trustee acting under a trust created before, on, or after the effective date of this subdivision .... [LRB inserts date].

AB695,19,14 (b) This section applies to a custodian only if the user resides in this state or resided in this state at the time of the user's death.

AB695,19,16 (c) This section does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.

AB695,3 Section 3. 155.20 (9) of the statutes is created to read:

AB695,19,19 155.20 (9) The health care agent may access the principal's digital assets, as defined in s. 112.12 (2) (j), as provided under s. 112.12.

AB695,4 Section 4. 155.30 (3) (form) of the statutes is amended to read:

AB695,19,21 155.30 (3) (form)

AB695,19,22 POWER OF ATTORNEY FOR HEALTH CARE

AB695,19,23 Document made this.... day of.... (month),.... (year).

AB695,19,25 CREATION OF POWER OF ATTORNEY FOR HEALTH CARE

AB695,20,8 I,.... (print name, address and date of birth), being of sound mind, intend by this document to create a power of attorney for health care. My executing this power of attorney for health care is voluntary. Despite the creation of this power of attorney for health care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, "health care decision" means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition.

AB695,20,10 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

AB695,20,11 DESIGNATION OF HEALTH CARE AGENT

AB695,21,2 If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate.... (print name, address and telephone number) to be my health care agent for the purpose of making health care decisions on my behalf. If he or she is ever unable or unwilling to do so, I hereby designate.... (print name, address and telephone number) to be my alternate health care agent for the purpose of making health care decisions on my behalf. Neither my health care agent nor my alternate health care agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative. For purposes of this document, "incapacity" exists if 2 physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document.

AB695,21,3 GENERAL STATEMENT OF AUTHORITY GRANTED

AB695,21,10 Unless I have specified otherwise in this document, if I ever have incapacity I instruct my health care provider to obtain the health care decision of my health care agent, if I need treatment, for all of my health care and treatment. I have discussed my desires thoroughly with my health care agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were able. I desire that my wishes be carried out through the authority given to my health care agent under this document.

AB695,21,19 If I am unable, due to my incapacity, to make a health care decision, my health care agent is instructed to make the health care decision for me, but my health care agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner, including by blinking my eyes. If this communication cannot be made, my health care agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my health care agent shall base his or her health care decision on what he or she believes to be in my best interest.

AB695,21,20 LIMITATIONS ON MENTAL HEALTH TREATMENT

AB695,22,2 My health care agent may not admit or commit me on an inpatient basis to an institution for mental diseases, an intermediate care facility for persons with an intellectual disability, a state treatment facility or a treatment facility. My health care agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for me.

AB695,22,4 ADMISSION TO NURSING HOMES OR COMMUNITY-BASED RESIDENTIAL FACILITIES

AB695,22,6 My health care agent may admit me to a nursing home or community-based residential facility for short-term stays for recuperative care or respite care.

AB695,22,9 If I have checked "Yes" to the following, my health care agent may admit me for a purpose other than recuperative care or respite care, but if I have checked "No" to the following, my health care agent may not so admit me:

AB695,22,10 1. A nursing home — Yes.... No....

AB695,22,11 2. A community-based residential facility — Yes.... No....

AB695,22,13 If I have not checked either "Yes" or "No" immediately above, my health care agent may admit me only for short-term stays for recuperative care or respite care.

AB695,22,14 PROVISION OF A FEEDING TUBE

AB695,22,19 If I have checked "Yes" to the following, my health care agent may have a feeding tube withheld or withdrawn from me, unless my physician has advised that, in his or her professional judgment, this will cause me pain or will reduce my comfort. If I have checked "No" to the following, my health care agent may not have a feeding tube withheld or withdrawn from me.

AB695,22,22 My health care agent may not have orally ingested nutrition or hydration withheld or withdrawn from me unless provision of the nutrition or hydration is medically contraindicated.

AB695,22,23 Withhold or withdraw a feeding tube — Yes.... No....

AB695,22,25 If I have not checked either "Yes" or "No" immediately above, my health care agent may not have a feeding tube withdrawn from me.

AB695,23,2 HEALTH CARE DECISIONS FOR PREGNANT WOMEN

AB695,23,6 If I have checked "Yes" to the following, my health care agent may make health care decisions for me even if my agent knows I am pregnant. If I have checked "No" to the following, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

AB695,23,7 Health care decision if I am pregnant — Yes.... No....

AB695,23,10 If I have not checked either "Yes" or "No" immediately above, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

AB695,23,11 ACCESS TO DIGITAL ASSETS

AB695,23,15 If I have checked "Yes" to the following, my health care agent may access the content of electronic communications on my behalf. If I have checked "No" to the following, my health care agent may not access the content of electronic communications on my behalf.

AB695,23,16 Access to content of electronic communications — Yes.... No....

AB695,23,18 If I have not checked either "Yes" or "No" immediately above, my agent may not access the content of electronic communications on my behalf.

AB695,23,20 STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS

AB695,23,24 In exercising authority under this document, my health care agent shall act consistently with my following stated desires, if any, and is subject to any special provisions or limitations that I specify. The following are specific desires, provisions or limitations that I wish to state (add more items if needed):

AB695,23,25 1) -

AB695,24,1 2) -

AB695,24,2 3) -

AB695,24,5 INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH

AB695,24,7 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

AB695,24,9 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

AB695,24,11 (b) Execute on my behalf any documents that may be required in order to obtain this information.

AB695,24,12 (c) Consent to the disclosure of this information.

AB695,24,14 (d) Access my digital assets, other than the content of my electronic communication, and catalogues of my electronic communications.

AB695,24,15 (The principal and the witnesses all must sign the document at the same time.)

AB695,24,16 SIGNATURE OF PRINCIPAL

AB695,24,17 (person creating the power of attorney for health care)

AB695,24,18 Signature....  Date....

AB695,24,20 (The signing of this document by the principal revokes all previous powers of attorney for health care documents.)

AB695,24,21 STATEMENT OF WITNESSES

AB695,25,7 I know the principal personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this power of attorney for health care is voluntary. I am at least 18 years of age, am not related to the principal by blood, marriage, or adoption, am not the domestic partner under ch. 770 of the principal, and am not directly financially responsible for the principal's health care. I am not a health care provider who is serving the principal at this time, an employee of the health care provider, other than a chaplain or a social worker, or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient. I am not the principal's health care agent. To the best of my knowledge, I am not entitled to and do not have a claim on the principal's estate.

AB695,25,8 Witness No. 1: