To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
- 1. A written request for disclosure in physical or electronic form;
- 2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
- 3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
4. If requested by the custodian:
- a. a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account, or
- b. evidence linking the account to the principal.
Laws 2024, HB 3778, c. 115, § 9, eff. November 1, 2024.