Digital Evidence Articles

Death and Digital Assets! 2 of 3 - Powers of Attorney

Death and Digital Assets! 2 of 3 - Powers of Attorney


Last week our article was about Death and Digital Assets. This week we supply some verbiage that you may want to use to model a Powers of Attorney to leave behind so someone can handle your digital assets.

DIGITAL ASSETS POWERS OF ATTORNEY

To give the Agent power over digital assets:

Digital Assets. My Agent shall have (i) the power to access, use, and control my digital devices, including but not limited to, desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones, and any similar digital device which currently exists or may exist as technology develops for the purpose of accessing, modifying, deleting, controlling, or transferring my digital assets, and (ii) the power to access, modify, delete, control, and transfer my digital assets, including but not limited to, my emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, banking accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts, and similar digital items which currently exist or may exist as technology develops, and (iii) the power to obtain, access, modify, delete, and control my passwords and other electronic credentials associated with my digital devices and digital assets described above.

For greater emphasis to banks, include in the provision giving the Agent powers regarding financial accounts:  “….and to access, modify, delete, control, and transfer my digital financial accounts.”

This article is offered only for general informational and educational purposes. It is not offered as and does not constitute legal advice or legal opinions. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. You should always consult an attorney before using and/or executing any legal document, as Evidence Solutions, Inc. is not a law firm, and therefore not allowed to give legal advice.

Death and Digital Assets! 3 of 3 - Wills >


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