A. After an opportunity for a hearing under Chapter 45, Article 5 NMSA 1978, the court may grant a conservator access to the digital assets of a protected person. B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and (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 account of the protected person; or (b) evidence linking the account to the protected person. C. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property. History: Laws 2017, ch. 72, § 14. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 14 effective January 1, 2018.
New Mexico Legal Code