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2. The duty of loyalty.
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13. The duty of confidentiality.
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(b) A fiduciary's authority with respect to a user's digital asset may not be used
3to impersonate the user, is limited by the scope of the fiduciary's duties, and is subject
4to all of the following:
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1. Except as otherwise provided in sub. (3), the applicable terms of service.
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2. Other applicable law, including copyright law.
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(c) A fiduciary with authority over the property of a decedent, protected person,
8principal, or settlor has the right to access any digital asset in which the decedent,
9protected person, principal, or settlor had a right or interest and that is not held by
10a custodian or subject to a terms of service agreement.
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(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized
12user of the digital assets of the decedent, protected person, principal, or settlor for
13the purpose of applicable computer fraud and unauthorized computer access laws.
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(e) 1. A fiduciary with authority over the tangible personal property of a
15decedent, protected person, principal, or settlor has the right to access the tangible
16personal property and any digital asset stored in the tangible personal property.
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2. A fiduciary with authority over the tangible personal property of a decedent,
18protected person, principal, or settlor is an authorized user of digital assets stored
19in the tangible personal property for the purpose of computer fraud and
20unauthorized computer access laws.
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(f) A custodian may disclose information in a user's account to a fiduciary of the
22user when the information is required to terminate an account used to access digital
23assets licensed to the user.
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1(g) A fiduciary of a user may request a custodian to terminate the user's
2account. A request for termination must be in writing, in either physical or electronic
3form, and accompanied by all of the following:
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1. If the user is deceased, a certified copy of the death certificate of the user.
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2. Any of the following that grants the fiduciary authority over the user's
6account:
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a. A certified copy of the fiduciary's letters to administer the user's estate.
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b. A certified copy of the letters of special administration.
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c. A certified copy of a court order.
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d. An original or copy of a power of attorney.
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e. A copy of the trust instrument or a certification of the trust under s. 701.1013.
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3. If requested by the custodian, any of the following:
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a. A number, username, address, or other unique subscriber or account
14identifier assigned by the custodian to identify the user's account.
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b. Evidence linking the account to the user.
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c. A finding by the court that the user had a specific account with the custodian,
17identifiable by the information specified in subd. 3. a.
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18(15) Custodian compliance and immunity. (a) Not later than 60 days after
19receipt of the information required under subs. (6) to (13), as applicable, a custodian
20shall comply with a request under this section from a fiduciary or designated
21recipient to disclose digital assets or terminate an account. If the custodian fails to
22comply, the fiduciary or designated recipient may apply to the court for an order
23directing the custodian to comply with the request.
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1(b) A court shall include in an order directing a custodian to comply with a
2request made under this section a finding that compliance with the request does not
3violate
18 USC 2702.
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(c) A custodian may notify the user that a request for disclosure of digital assets
5or to terminate an account was made under this section.
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(d) A custodian may deny a request under this section from a fiduciary or
7designated recipient for disclosure of digital assets or to terminate an account if the
8custodian is aware of any lawful access to the account after the receipt of the
9fiduciary's request.
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(e) This section does not limit a custodian's ability to obtain or to require a
11fiduciary or designated recipient requesting disclosure or termination under this
12section to obtain a court order that does all of the following:
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1. Specifies that an account belongs to the protected person or principal.
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2. Specifies that there is sufficient consent from the protected person or
15principal to support the requested disclosure.
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3. Contains any findings required by law other than this section.
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(f) A custodian and its officers, employees, and agents are immune from
18liability for an act or omission done in good faith in compliance with this section.
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19(16) Uniformity of application and construction. In applying and construing
20this uniform act, consideration must be given to the need to promote uniformity of
21the law with respect to its subject matter among states that enact it.
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22(17) Relation to Electronic Signatures in Global and National Commerce
23Act. This section modifies, limits, or supersedes the Electronic Signatures in Global
24and National Commerce Act,
15 USC 7001 et seq., but does not modify, limit, or
1supersede section 101 (c) of that act,
15 USC 7001 (c), or authorize electronic delivery
2of any of the notices described in section 103 (b) of that act,
15 USC 7003 (b).
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3(18) Applicability. (a) This section applies to all of the following:
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1. A fiduciary acting under a will or power of attorney executed before, on, or
5after the effective date of this subdivision .... [LRB inserts date].
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2. A personal representative acting for a decedent who died before, on, or after
7the effective date of this subdivision .... [LRB inserts date].
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3. A guardianship or conservatorship proceeding, whether pending in a court
9or commenced before, on, or after the effective date of this subdivision .... [LRB
10inserts date].
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4. A trustee acting under a trust created before, on, or after the effective date
12of this subdivision .... [LRB inserts date].
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(b) This section applies to a custodian only if the user resides in this state or
14resided in this state at the time of the user's death.
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(c) This section does not apply to a digital asset of an employer used by an
16employee in the ordinary course of the employer's business.
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17Section
3. 155.20 (9) of the statutes is created to read:
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155.20
(9) The health care agent may access the principal's digital assets, as
19defined in s. 112.12 (2) (j), as provided under s. 112.12.
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20Section
4. 155.30 (3) (form) of the statutes is amended to read:
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155.30
(3) (form)
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POWER OF ATTORNEY FOR HEALTH CARE
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Document made this.... day of.... (month),.... (year).
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CREATION OF POWER OF ATTORNEY
25
FOR HEALTH CARE
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1I,.... (print name, address and date of birth), being of sound mind, intend by this
2document to create a power of attorney for health care. My executing this power of
3attorney for health care is voluntary. Despite the creation of this power of attorney
4for health care, I expect to be fully informed about and allowed to participate in any
5health care decision for me, to the extent that I am able. For the purposes of this
6document, "health care decision" means an informed decision to accept, maintain,
7discontinue or refuse any care, treatment, service or procedure to maintain, diagnose
8or treat my physical or mental condition.
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In addition, I may, by this document, specify my wishes with respect to making
10an anatomical gift upon my death.
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DESIGNATION OF HEALTH CARE AGENT
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If I am no longer able to make health care decisions for myself, due to my
13incapacity, I hereby designate.... (print name, address and telephone number) to be
14my health care agent for the purpose of making health care decisions on my behalf.
15If he or she is ever unable or unwilling to do so, I hereby designate.... (print name,
16address and telephone number) to be my alternate health care agent for the purpose
17of making health care decisions on my behalf. Neither my health care agent nor my
18alternate health care agent whom I have designated is my health care provider, an
19employee of my health care provider, an employee of a health care facility in which
20I am a patient or a spouse of any of those persons, unless he or she is also my relative.
21For purposes of this document, "incapacity" exists if 2 physicians or a physician and
22a psychologist who have personally examined me sign a statement that specifically
23expresses their opinion that I have a condition that means that I am unable to receive
24and evaluate information effectively or to communicate decisions to such an extent
1that I lack the capacity to manage my health care decisions. A copy of that statement
2must be attached to this document.
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GENERAL STATEMENT OF AUTHORITY GRANTED
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Unless I have specified otherwise in this document, if I ever have incapacity I
5instruct my health care provider to obtain the health care decision of my health care
6agent, if I need treatment, for all of my health care and treatment. I have discussed
7my desires thoroughly with my health care agent and believe that he or she
8understands my philosophy regarding the health care decisions I would make if I
9were able. I desire that my wishes be carried out through the authority given to my
10health care agent under this document.
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If I am unable, due to my incapacity, to make a health care decision, my health
12care agent is instructed to make the health care decision for me, but my health care
13agent should try to discuss with me any specific proposed health care if I am able to
14communicate in any manner, including by blinking my eyes. If this communication
15cannot be made, my health care agent shall base his or her decision on any health
16care choices that I have expressed prior to the time of the decision. If I have not
17expressed a health care choice about the health care in question and communication
18cannot be made, my health care agent shall base his or her health care decision on
19what he or she believes to be in my best interest.
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LIMITATIONS ON MENTAL HEALTH TREATMENT
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My health care agent may not admit or commit me on an inpatient basis to an
22institution for mental diseases, an intermediate care facility for persons with an
23intellectual disability, a state treatment facility or a treatment facility. My health
24care agent may not consent to experimental mental health research or
1psychosurgery, electroconvulsive treatment or drastic mental health treatment
2procedures for me.
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ADMISSION TO NURSING HOMES OR
4
COMMUNITY-BASED RESIDENTIAL FACILITIES
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My health care agent may admit me to a nursing home or community-based
6residential facility for short-term stays for recuperative care or respite care.
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If I have checked "Yes" to the following, my health care agent may admit me for
8a purpose other than recuperative care or respite care, but if I have checked "No" to
9the following, my health care agent may not so admit me:
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1. A nursing home — Yes.... No....
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2. A community-based residential facility — Yes.... No....
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If I have not checked either "Yes" or "No" immediately above, my health care
13agent may admit me only for short-term stays for recuperative care or respite care.
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PROVISION OF A FEEDING TUBE
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If I have checked "Yes" to the following, my health care agent may have a
16feeding tube withheld or withdrawn from me, unless my physician has advised that,
17in his or her professional judgment, this will cause me pain or will reduce my comfort.
18If I have checked "No" to the following, my health care agent may not have a feeding
19tube withheld or withdrawn from me.
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My health care agent may not have orally ingested nutrition or hydration
21withheld or withdrawn from me unless provision of the nutrition or hydration is
22medically contraindicated.
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Withhold or withdraw a feeding tube — Yes.... No....
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If I have not checked either "Yes" or "No" immediately above, my health care
25agent may not have a feeding tube withdrawn from me.
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1HEALTH CARE DECISIONS FOR
2
PREGNANT WOMEN
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If I have checked "Yes" to the following, my health care agent may make health
4care decisions for me even if my agent knows I am pregnant. If I have checked "No"
5to the following, my health care agent may not make health care decisions for me if
6my health care agent knows I am pregnant.
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Health care decision if I am pregnant — Yes.... No....
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If I have not checked either "Yes" or "No" immediately above, my health care
9agent may not make health care decisions for me if my health care agent knows I am
10pregnant.
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11ACCESS TO DIGITAL ASSETS
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12If I have checked "Yes" to the following, my health care agent may access the
13content of electronic communications on my behalf. If I have checked "No" to the
14following, my health care agent may not access the content of electronic
15communications on my behalf.
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16Access to content of electronic communications — Yes.... No....
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17If I have not checked either "Yes" or "No" immediately above, my agent may not
18access the content of electronic communications on my behalf.
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STATEMENT OF DESIRES,
20
SPECIAL PROVISIONS OR LIMITATIONS
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In exercising authority under this document, my health care agent shall act
22consistently with my following stated desires, if any, and is subject to any special
23provisions or limitations that I specify. The following are specific desires, provisions
24or limitations that I wish to state (add more items if needed):
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INSPECTION AND DISCLOSURE OF
4
INFORMATION RELATING TO MY PHYSICAL
5
OR MENTAL HEALTH
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Subject to any limitations in this document, my health care agent has the
7authority to do all of the following:
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(a) Request, review and receive any information, oral or written, regarding my
9physical or mental health, including medical and hospital records.
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(b) Execute on my behalf any documents that may be required in order to obtain
11this information.
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(c) Consent to the disclosure of this information.
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13(d) Access my digital assets, other than the content of my electronic
14communication, and catalogues of my electronic communications.
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(The principal and the witnesses all must sign the document at the same time.)
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SIGNATURE OF PRINCIPAL
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(person creating the power of attorney for health care)