A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable:

1. 1. The duty of care.
2. 2. The duty of loyalty.
3. 3. The duty of confidentiality.

B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

1. 1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.
2. 2. Is subject to other applicable law, including copyright law.
3. 3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties.
4. 4. May not be used to impersonate the user.

E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:

1. 1. Has the right to access the property and any digital asset stored in it.
2. 2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316.

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:

1. 1. If the user is deceased, a certified copy of the death certificate of the user.
2. 2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account.

3. 3. If requested by the custodian any of the following:

   1. (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
   2. (b) Evidence linking the account to the user.
   3. (c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.