Guam § 5015 - Fiduciary Duty and Authority.

§ 5015. Fiduciary Duty and Authority.

(a) The legal duties imposed on a fiduciary charged with managing

tangible property apply to the management of digital assets, including:

(1) the duty of care;

(2) the duty of loyalty; and

(3) the duty of confidentiality.

(b) A fiduciary’s or designated recipient’s authority with respect to

a digital asset of a user:

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(1) except as otherwise provided in § 5004, is subject to the

applicable terms of service;

(2) is subject to other applicable law, including copyright law;

(3) in the case of a fiduciary, is limited by the scope of the

fiduciary’s duties; and

(4) may not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent,

ward, principal, or settlor has the right to access any digital asset in

which the decedent, ward, principal, or settlor had a right or interest and

that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary’s duties is

an authorized user of the property of the decedent, ward, principal, or

settlor for the purpose of applicable computer fraud and unauthorized

computer access laws, including applicable sections of Chapter 46 of

Title 9, Guam Code Annotated.

(e) A fiduciary with authority over the tangible, personal property

of a decedent, ward, principal, or settlor:

(1) has the right to access the property and any digital asset

stored in it; and

(2) is an authorized user for the purpose of computer fraud

and unauthorized computer access laws, including applicable

sections of Chapter 46 of Title 9, Guam Code Annotated.

(f) 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.

(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:

(1) if the user is deceased, a certified copy of the death

certificate of the user;

(2) a certified copy of the letter of appointment of the

representative or a small estate affidavit or court order, court order,

power of attorney, or trust giving the fiduciary authority over the

account; and

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(3) if requested by the custodian:

(A) a number, username, 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 the user had a specific

account with the custodian, identifiable by the information

specified in Subparagraph (A).