AB695,13,2323 (d) If requested by the custodian, any of the following:
AB695,13,2524 1. A number, username, address, or other unique subscriber or account
25identifier assigned by the custodian to identify the trust's account.
AB695,14,1
12. Evidence linking the account to the trust.
AB695,14,9 2(12) Disclosure of digital assets other than content of electronic
3communications; trustee is not original user.
Unless otherwise ordered by the
4court, directed by the user, or provided in a trust, a custodian shall disclose, to a
5trustee that is not an original user of an account, a catalogue of electronic
6communications sent or received by an original or successor user and stored, carried,
7or maintained by the custodian in an account of the trust and any digital assets, other
8than the content of electronic communications, in which the trust has a right or
9interest if the trustee gives the custodian all of the following:
AB695,14,1010 (a) A written request for disclosure in physical or electronic form.
AB695,14,1211 (b) A copy of the trust instrument or a certification of the trust under s.
12701.1013.
AB695,14,1413 (c) A certification by the trustee, under penalty of perjury, that the trust exists
14and the trustee is a currently acting trustee of the trust.
AB695,14,1515 (d) If requested by the custodian, any of the following:
AB695,14,1716 1. A number, username, address, or other unique subscriber or account
17identifier assigned by the custodian to identify the trust's account.
AB695,14,1818 2. Evidence linking the account to the trust.
AB695,14,22 19(13) Disclosure of digital assets; conservator or guardian. (a) 1. After an
20opportunity for a hearing under s. 54.10, the court may grant a guardian access to
21the digital assets of an individual for whom a guardian has been appointed or for
22whom an application for the appointment of a guardian is pending.
AB695,15,223 2. After an opportunity for a hearing under s. 54.76, the court may grant a
24conservator access to the digital assets of an individual for whom a conservator has

1been appointed or for whom an application for the appointment of a conservator is
2pending.
AB695,15,73 (b) Unless otherwise ordered by the court or directed by the user, a custodian
4shall disclose to a guardian or custodian the catalogue of electronic communications
5sent or received by a protected person and any digital assets, other than the content
6of electronic communications, in which the protected person has a right or interest
7if the guardian or conservator gives the custodian all of the following:
AB695,15,88 1. A written request for disclosure in physical or electronic form.
AB695,15,109 2. A certified copy of the court order that gives the guardian or conservator
10authority over the protected person's digital assets.
AB695,15,1111 3. If requested by the custodian, any of the following:
AB695,15,1312 a. A number, username, address, or other unique subscriber or account
13identifier assigned by the custodian to identify the account of the protected person.
AB695,15,1414 b. Evidence linking the account to the protected person.
AB695,15,2015 (c) A guardian or conservator with general authority to manage a protected
16person's assets may request a custodian of the protected person's digital assets to
17suspend or terminate an account of the protected person for good cause. A request
18made under this paragraph shall be accompanied by a certified copy of the court
19order granting the guardian or conservator general authority to manage the
20protected person's assets.
AB695,15,23 21(14) Fiduciary; duties and authority. (a) The legal duties imposed on a
22fiduciary with the authority to manage tangible property apply to a fiduciary's
23management of digital assets, including all of the following:
AB695,15,2424 1. The duty of care.
AB695,15,2525 2. The duty of loyalty.
AB695,16,1
13. The duty of confidentiality.
AB695,16,42 (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:
AB695,16,55 1. Except as otherwise provided in sub. (3), the applicable terms of service.
AB695,16,66 2. Other applicable law, including copyright law.
AB695,16,107 (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.
AB695,16,1311 (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.
AB695,16,1614 (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.
AB695,16,2017 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.
AB695,16,2321 (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.
AB695,17,3
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:
AB695,17,44 1. If the user is deceased, a certified copy of the death certificate of the user.
AB695,17,65 2. Any of the following that grants the fiduciary authority over the user's
6account:
AB695,17,77 a. A certified copy of the fiduciary's letters to administer the user's estate.
AB695,17,88 b. A certified copy of the letters of special administration.
AB695,17,99 c. A certified copy of a court order.
AB695,17,1010 d. An original or copy of a power of attorney.
AB695,17,1111 e. A copy of the trust instrument or a certification of the trust under s. 701.1013.
AB695,17,1212 3. If requested by the custodian, any of the following:
AB695,17,1413 a. A number, username, address, or other unique subscriber or account
14identifier assigned by the custodian to identify the user's account.
AB695,17,1515 b. Evidence linking the account to the user.
AB695,17,1716 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.
AB695,17,23 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.
AB695,18,3
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.
AB695,18,54 (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.
AB695,18,96 (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.
AB695,18,1210 (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:
AB695,18,1313 1. Specifies that an account belongs to the protected person or principal.
AB695,18,1514 2. Specifies that there is sufficient consent from the protected person or
15principal to support the requested disclosure.
AB695,18,1616 3. Contains any findings required by law other than this section.
AB695,18,1817 (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.
AB695,18,21 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.
AB695,19,2 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).
AB695,19,3 3(18) Applicability. (a) This section applies to all of the following:
AB695,19,54 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].
AB695,19,76 2. A personal representative acting for a decedent who died before, on, or after
7the effective date of this subdivision .... [LRB inserts date].
AB695,19,108 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].
AB695,19,1211 4. A trustee acting under a trust created before, on, or after the effective date
12of this subdivision .... [LRB inserts date].
AB695,19,1413 (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.
AB695,19,1615 (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.
AB695,3 17Section 3. 155.20 (9) of the statutes is created to read:
AB695,19,1918 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.
AB695,4 20Section 4. 155.30 (3) (form) of the statutes is amended to read:
AB695,19,2121 155.30 (3) (form)
AB695,19,2222 POWER OF ATTORNEY FOR HEALTH CARE
AB695,19,2323 Document made this.... day of.... (month),.... (year).
AB695,19,2524 CREATION OF POWER OF ATTORNEY
25 FOR HEALTH CARE
AB695,20,8
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.
AB695,20,109 In addition, I may, by this document, specify my wishes with respect to making
10an anatomical gift upon my death.
AB695,20,1111 DESIGNATION OF HEALTH CARE AGENT
AB695,21,212 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.
AB695,21,33 GENERAL STATEMENT OF AUTHORITY GRANTED
AB695,21,104 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.
AB695,21,1911 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.
AB695,21,2020 LIMITATIONS ON MENTAL HEALTH TREATMENT
AB695,22,221 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.
AB695,22,43 ADMISSION TO NURSING HOMES OR
4 COMMUNITY-BASED RESIDENTIAL FACILITIES
AB695,22,65 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.
AB695,22,97 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:
AB695,22,1010 1. A nursing home — Yes.... No....
AB695,22,1111 2. A community-based residential facility — Yes.... No....
AB695,22,1312 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.
AB695,22,1414 PROVISION OF A FEEDING TUBE
AB695,22,1915 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.
AB695,22,2220 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.
AB695,22,2323 Withhold or withdraw a feeding tube — Yes.... No....
AB695,22,2524 If I have not checked either "Yes" or "No" immediately above, my health care
25agent may not have a feeding tube withdrawn from me.
AB695,23,2
1HEALTH CARE DECISIONS FOR
2 PREGNANT WOMEN
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