{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-116.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-116.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-116.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-116.html"}],"law_id":67884,"edition_id":1,"section_id":67884,"structure_id":14246,"section_number":"64.2-116","catch_line":"Definitions","history":"2017, cc. 33, 80.","full_text":"As used in this article, unless the context requires otherwise:\n\t\t&#8220;Account&#8221; means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.\n\t\t&#8220;Agent&#8221; means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. &#8220;Agent&#8221; includes an original agent, a coagent, a successor agent, and a person to which an agent&#8217;s authority is delegated.\n\t\t&#8220;Carries&#8221; means engages in the transmission of an electronic communication.\n\t\t&#8220;Catalog of electronic communications&#8221; means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.\n\t\t&#8220;Conservator&#8221; means a person appointed by a court to manage the estate of a living individual. &#8220;Conservator&#8221; includes a limited conservator.\n\t\t&#8220;Content of an electronic communication&#8221; means information concerning the substance or meaning of the communication that (i) has been sent or received by a user; (ii) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (iii) is not readily accessible to the public.\n\t\t&#8220;Court&#8221; means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article.\n\t\t&#8220;Custodian&#8221; means a person who carries, maintains, processes, receives, or stores a digital asset of a user.\n\t\t&#8220;Designated recipient&#8221; means a person chosen by a user using an online tool to administer digital assets of the user.\n\t\t&#8220;Digital asset&#8221; means an electronic record in which an individual has a right or interest. &#8220;Digital asset&#8221; does not include an underlying asset or liability unless the asset or liability is itself an electronic record.\n\t\t&#8220;Electronic&#8221; means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t&#8220;Electronic communication&#8221; has the same meaning as the definition provided in 18 U.S.C. \u00a7 2510(12).\n\t\t&#8220;Electronic communication service&#8221; means a custodian that provides to a user the ability to send or receive an electronic communication.\n\t\t&#8220;Fiduciary&#8221; means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee.\n\t\t&#8220;Guardian&#8221; means a person appointed by a court to manage the person of a living individual adult pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) or a person appointed by a court to manage the estate of a minor pursuant to Chapter 17 (\u00a7 64.2-1700 et seq.). &#8220;Guardian&#8221; includes a limited guardian.\n\t\t&#8220;Information&#8221; means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.\n\t\t&#8220;Online tool&#8221; means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.\n\t\t&#8220;Person&#8221; means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.\n\t\t&#8220;Personal representative&#8221; means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (\u00a7 64.2-600 et seq.), or person that performs substantially the same function under the laws of the Commonwealth other than this article.\n\t\t&#8220;Power of attorney&#8221; means a record that grants an agent authority to act in the place of a principal.\n\t\t&#8220;Principal&#8221; means an individual who grants authority to an agent in a power of attorney.\n\t\t&#8220;Protected person&#8221; means an individual for whom a conservator or guardian has been appointed. &#8220;Protected person&#8221; includes an individual for whom an application for the appointment of a conservator or guardian is pending.\n\t\t&#8220;Record&#8221; means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\t\t&#8220;Remote computing service&#8221; means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. \u00a7 2510(14).\n\t\t&#8220;Terms-of-service agreement&#8221; means an agreement that controls the relationship between a user and a custodian.\n\t\t&#8220;Trustee&#8221; means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. &#8220;Trustee&#8221; includes a successor trustee.\n\t\t&#8220;User&#8221; means a person that has an account with a custodian.\n\t\t&#8220;Will&#8221; includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.","order_by":null,"text":{"0":{"id":245820,"text":"As used in this article, unless the context requires otherwise:\n\t\t&#8220;Account&#8221; means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.\n\t\t&#8220;Agent&#8221; means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. &#8220;Agent&#8221; includes an original agent, a coagent, a successor agent, and a person to which an agent&#8217;s authority is delegated.\n\t\t&#8220;Carries&#8221; means engages in the transmission of an electronic communication.\n\t\t&#8220;Catalog of electronic communications&#8221; means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.\n\t\t&#8220;Conservator&#8221; means a person appointed by a court to manage the estate of a living individual. &#8220;Conservator&#8221; includes a limited conservator.\n\t\t&#8220;Content of an electronic communication&#8221; means information concerning the substance or meaning of the communication that (i) has been sent or received by a user; (ii) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (iii) is not readily accessible to the public.\n\t\t&#8220;Court&#8221; means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article.\n\t\t&#8220;Custodian&#8221; means a person who carries, maintains, processes, receives, or stores a digital asset of a user.\n\t\t&#8220;Designated recipient&#8221; means a person chosen by a user using an online tool to administer digital assets of the user.\n\t\t&#8220;Digital asset&#8221; means an electronic record in which an individual has a right or interest. &#8220;Digital asset&#8221; does not include an underlying asset or liability unless the asset or liability is itself an electronic record.\n\t\t&#8220;Electronic&#8221; means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t&#8220;Electronic communication&#8221; has the same meaning as the definition provided in 18 U.S.C. \u00a7 2510(12).\n\t\t&#8220;Electronic communication service&#8221; means a custodian that provides to a user the ability to send or receive an electronic communication.\n\t\t&#8220;Fiduciary&#8221; means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee.\n\t\t&#8220;Guardian&#8221; means a person appointed by a court to manage the person of a living individual adult pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) or a person appointed by a court to manage the estate of a minor pursuant to Chapter 17 (\u00a7 64.2-1700 et seq.). &#8220;Guardian&#8221; includes a limited guardian.\n\t\t&#8220;Information&#8221; means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.\n\t\t&#8220;Online tool&#8221; means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.\n\t\t&#8220;Person&#8221; means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.\n\t\t&#8220;Personal representative&#8221; means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (\u00a7 64.2-600 et seq.), or person that performs substantially the same function under the laws of the Commonwealth other than this article.\n\t\t&#8220;Power of attorney&#8221; means a record that grants an agent authority to act in the place of a principal.\n\t\t&#8220;Principal&#8221; means an individual who grants authority to an agent in a power of attorney.\n\t\t&#8220;Protected person&#8221; means an individual for whom a conservator or guardian has been appointed. &#8220;Protected person&#8221; includes an individual for whom an application for the appointment of a conservator or guardian is pending.\n\t\t&#8220;Record&#8221; means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\t\t&#8220;Remote computing service&#8221; means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. \u00a7 2510(14).\n\t\t&#8220;Terms-of-service agreement&#8221; means an agreement that controls the relationship between a user and a custodian.\n\t\t&#8220;Trustee&#8221; means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. &#8220;Trustee&#8221; includes a successor trustee.\n\t\t&#8220;User&#8221; means a person that has an account with a custodian.\n\t\t&#8220;Will&#8221; includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14246,"edition_id":1,"name":"Uniform Fiduciary Access to Digital Assets Act","identifier":"3.1","label":"article","depth":4,"order_by":1,"parent_id":13832,"metadata":{},"date_created":"2026-06-26 03:47:26","date_modified":"2026-06-26 03:47:26","permalink":{"id":272841,"object_type":"structure","relational_id":14246,"identifier":"3.1","token":"64.2\/I\/1\/3.1","url":"\/64.2\/I\/1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13832,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13831,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272785,"object_type":"structure","relational_id":13832,"identifier":"1","token":"64.2\/I\/1","url":"\/64.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13831,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272783,"object_type":"structure","relational_id":13831,"identifier":"I","token":"64.2\/I","url":"\/64.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67884,"structure_id":14246,"section_number":"64.2-116","catch_line":"Definitions","url":"\/64.2-116\/","token":"64.2\/I\/1\/3.1\/64.2-116","metadata":false},{"id":66806,"structure_id":14246,"section_number":"64.2-117","catch_line":"Applicability","url":"\/64.2-117\/","token":"64.2\/I\/1\/3.1\/64.2-117","metadata":false},{"id":70167,"structure_id":14246,"section_number":"64.2-118","catch_line":"User direction for disclosure of digital assets","url":"\/64.2-118\/","token":"64.2\/I\/1\/3.1\/64.2-118","metadata":false},{"id":55478,"structure_id":14246,"section_number":"64.2-119","catch_line":"Terms-of-service agreement","url":"\/64.2-119\/","token":"64.2\/I\/1\/3.1\/64.2-119","metadata":false},{"id":70524,"structure_id":14246,"section_number":"64.2-120","catch_line":"Procedure for disclosing digital assets","url":"\/64.2-120\/","token":"64.2\/I\/1\/3.1\/64.2-120","metadata":false},{"id":73213,"structure_id":14246,"section_number":"64.2-121","catch_line":"Disclosure of content of electronic communications of deceased user","url":"\/64.2-121\/","token":"64.2\/I\/1\/3.1\/64.2-121","metadata":false},{"id":66625,"structure_id":14246,"section_number":"64.2-122","catch_line":"Disclosure of other digital assets of deceased user","url":"\/64.2-122\/","token":"64.2\/I\/1\/3.1\/64.2-122","metadata":false},{"id":62585,"structure_id":14246,"section_number":"64.2-123","catch_line":"Disclosure of content of electronic communications of principal","url":"\/64.2-123\/","token":"64.2\/I\/1\/3.1\/64.2-123","metadata":false},{"id":62528,"structure_id":14246,"section_number":"64.2-124","catch_line":"Disclosure of other digital assets of principal","url":"\/64.2-124\/","token":"64.2\/I\/1\/3.1\/64.2-124","metadata":false},{"id":67366,"structure_id":14246,"section_number":"64.2-125","catch_line":"Disclosure of digital assets held in trust when trustee is original user","url":"\/64.2-125\/","token":"64.2\/I\/1\/3.1\/64.2-125","metadata":false},{"id":56777,"structure_id":14246,"section_number":"64.2-126","catch_line":"Disclosure of contents of electronic communications held in trust when trustee is not original user","url":"\/64.2-126\/","token":"64.2\/I\/1\/3.1\/64.2-126","metadata":false},{"id":81661,"structure_id":14246,"section_number":"64.2-127","catch_line":"Disclosure of other digital assets held in trust when trustee is not original user","url":"\/64.2-127\/","token":"64.2\/I\/1\/3.1\/64.2-127","metadata":false},{"id":76326,"structure_id":14246,"section_number":"64.2-128","catch_line":"Disclosure of digital assets to conservator or guardian of protected person","url":"\/64.2-128\/","token":"64.2\/I\/1\/3.1\/64.2-128","metadata":false},{"id":73384,"structure_id":14246,"section_number":"64.2-129","catch_line":"Fiduciary duty and authority","url":"\/64.2-129\/","token":"64.2\/I\/1\/3.1\/64.2-129","metadata":false},{"id":84998,"structure_id":14246,"section_number":"64.2-130","catch_line":"Custodian compliance and immunity","url":"\/64.2-130\/","token":"64.2\/I\/1\/3.1\/64.2-130","metadata":false},{"id":82638,"structure_id":14246,"section_number":"64.2-131","catch_line":"Uniformity of application and construction","url":"\/64.2-131\/","token":"64.2\/I\/1\/3.1\/64.2-131","metadata":false},{"id":62365,"structure_id":14246,"section_number":"64.2-132","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/64.2-132\/","token":"64.2\/I\/1\/3.1\/64.2-132","metadata":false}],"next_section":{"id":66806,"structure_id":14246,"section_number":"64.2-117","catch_line":"Applicability","url":"\/64.2-117\/","token":"64.2\/I\/1\/3.1\/64.2-117","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-116\/","history_text":"<p>This law was first created in 2017. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0033\">33<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0080\">80<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":67669,"section_number":"64.2-1700","catch_line":"Natural guardians","order_by":null,"url":"\/64.2-1700\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":55234,"section_number":"64.2-600","catch_line":"Definitions","order_by":null,"url":"\/64.2-600\/"}],"permalink":{"id":272843,"object_type":"law","relational_id":67884,"identifier":"64.2-116","token":"64.2\/I\/1\/3.1\/64.2-116","url":"\/64.2-116\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-116\/","token":"64.2\/I\/1\/3.1\/64.2-116","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-116","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this article, unless the context requires otherwise:\n\t\t&#8220;<span class=\"dictionary\">Account<\/span>&#8221; means an arrangement under a <span class=\"dictionary\">terms-of-service agreement<\/span> in which a <span class=\"dictionary\">custodian<\/span> <span class=\"dictionary\">carries<\/span>, maintains, processes, receives, or stores a <span class=\"dictionary\">digital asset<\/span> of the <span class=\"dictionary\">user<\/span> or provides goods or services to the <span class=\"dictionary\">user<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Agent<\/span>&#8221; means a person granted authority to act for a <span class=\"dictionary\">principal<\/span> under a <span class=\"dictionary\">power of attorney<\/span>, whether denominated an <span class=\"dictionary\">agent<\/span>, <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span>, or otherwise. &#8220;<span class=\"dictionary\">Agent<\/span>&#8221; includes an original <span class=\"dictionary\">agent<\/span>, a coagent, a successor <span class=\"dictionary\">agent<\/span>, and a person to which an <span class=\"dictionary\">agent<\/span>&#8217;s authority is delegated.\n\t\t&#8220;<span class=\"dictionary\">Carries<\/span>&#8221; means engages in the transmission of an electronic communication.\n\t\t&#8220;<span class=\"dictionary\">Catalog of electronic communications<\/span>&#8221; means <span class=\"dictionary\">information<\/span> that identifies each person with which a <span class=\"dictionary\">user<\/span> has had an electronic communication, the time and date of the communication, and the electronic address of the person.\n\t\t&#8220;<span class=\"dictionary\">Conservator<\/span>&#8221; means a person appointed by a <span class=\"dictionary\">court<\/span> to manage the estate of a living individual. &#8220;<span class=\"dictionary\">Conservator<\/span>&#8221; includes a limited <span class=\"dictionary\">conservator<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Content of an electronic communication<\/span>&#8221; means <span class=\"dictionary\">information<\/span> concerning the substance or meaning of the communication that (i) has been sent or received by a <span class=\"dictionary\">user<\/span>; (ii) is in electronic storage by a <span class=\"dictionary\">custodian<\/span> providing an <span class=\"dictionary\">electronic communication service<\/span> to the public or is carried or maintained by a <span class=\"dictionary\">custodian<\/span> providing a <span class=\"dictionary\">remote computing service<\/span> to the public; and (iii) is not readily accessible to the public.\n\t\t&#8220;<span class=\"dictionary\">Court<\/span>&#8221; means the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for the county or city having <span class=\"dictionary\">jurisdiction<\/span> over the <span class=\"dictionary\">fiduciary<\/span> in matters relating to the content of this article.\n\t\t&#8220;<span class=\"dictionary\">Custodian<\/span>&#8221; means a person who <span class=\"dictionary\">carries<\/span>, maintains, processes, receives, or stores a <span class=\"dictionary\">digital asset<\/span> of a <span class=\"dictionary\">user<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Designated recipient<\/span>&#8221; means a person chosen by a <span class=\"dictionary\">user<\/span> using an <span class=\"dictionary\">online tool<\/span> to administer <span class=\"dictionary\">digital assets<\/span> of the <span class=\"dictionary\">user<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Digital asset<\/span>&#8221; means an electronic <span class=\"dictionary\">record<\/span> in which an individual has a right or interest. &#8220;<span class=\"dictionary\">Digital asset<\/span>&#8221; does not include an underlying asset or liability unless the asset or liability is itself an electronic <span class=\"dictionary\">record<\/span>.\n\t\t&#8220;Electronic&#8221; means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t&#8220;Electronic communication&#8221; has the same meaning as the definition provided in 18 U.S.C. \u00a7&nbsp;2510(12).\n\t\t&#8220;<span class=\"dictionary\">Electronic communication service<\/span>&#8221; means a <span class=\"dictionary\">custodian<\/span> that provides to a <span class=\"dictionary\">user<\/span> the ability to send or receive an electronic communication.\n\t\t&#8220;<span class=\"dictionary\">Fiduciary<\/span>&#8221; means an original, additional, or successor <span class=\"dictionary\">personal representative<\/span>, <span class=\"dictionary\">conservator<\/span>, <span class=\"dictionary\">guardian<\/span>, <span class=\"dictionary\">agent<\/span>, or <span class=\"dictionary\">trustee<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Guardian<\/span>&#8221; means a person appointed by a <span class=\"dictionary\">court<\/span> to manage the person of a living individual adult pursuant to Chapter 20 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/64.2-2000\/\">64.2-2000<\/a> et seq.) or a person appointed by a <span class=\"dictionary\">court<\/span> to manage the estate of a <span class=\"dictionary\">minor<\/span> pursuant to Chapter 17 (\u00a7&nbsp;<a class=\"law\" title=\"Natural guardians\" href=\"\/64.2-1700\/\">64.2-1700<\/a> et seq.). &#8220;<span class=\"dictionary\">Guardian<\/span>&#8221; includes a limited <span class=\"dictionary\">guardian<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Information<\/span>&#8221; means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.\n\t\t&#8220;<span class=\"dictionary\">Online tool<\/span>&#8221; means an electronic service provided by a <span class=\"dictionary\">custodian<\/span> that allows the <span class=\"dictionary\">user<\/span>, in an agreement distinct from the <span class=\"dictionary\">terms-of-service agreement<\/span> between the <span class=\"dictionary\">custodian<\/span> and <span class=\"dictionary\">user<\/span>, to provide directions for disclosure or nondisclosure of <span class=\"dictionary\">digital assets<\/span> to a third person.\n\t\t&#8220;Person&#8221; means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.\n\t\t&#8220;<span class=\"dictionary\">Personal representative<\/span>&#8221; means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/64.2-600\/\">64.2-600<\/a> et seq.), or person that performs substantially the same function under the <span class=\"dictionary\">laws<\/span> of the Commonwealth other than this article.\n\t\t&#8220;<span class=\"dictionary\">Power of attorney<\/span>&#8221; means a <span class=\"dictionary\">record<\/span> that grants an <span class=\"dictionary\">agent<\/span> authority to act in the place of a <span class=\"dictionary\">principal<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Principal<\/span>&#8221; means an individual who grants authority to an <span class=\"dictionary\">agent<\/span> in a <span class=\"dictionary\">power of attorney<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Protected person<\/span>&#8221; means an individual for whom a <span class=\"dictionary\">conservator<\/span> or <span class=\"dictionary\">guardian<\/span> has been appointed. &#8220;<span class=\"dictionary\">Protected person<\/span>&#8221; includes an individual for whom an application for the appointment of a <span class=\"dictionary\">conservator<\/span> or <span class=\"dictionary\">guardian<\/span> is pending.\n\t\t&#8220;<span class=\"dictionary\">Record<\/span>&#8221; means <span class=\"dictionary\">information<\/span> that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\t\t&#8220;<span class=\"dictionary\">Remote computing service<\/span>&#8221; means a <span class=\"dictionary\">custodian<\/span> that provides to a <span class=\"dictionary\">user<\/span> computer-processing services or the storage of <span class=\"dictionary\">digital assets<\/span> by means of an electronic communications system, as defined in 18 U.S.C. \u00a7&nbsp;2510(14).\n\t\t&#8220;<span class=\"dictionary\">Terms-of-service agreement<\/span>&#8221; means an agreement that controls the relationship between a <span class=\"dictionary\">user<\/span> and a <span class=\"dictionary\">custodian<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Trustee<\/span>&#8221; means a <span class=\"dictionary\">fiduciary<\/span> with legal title to property under an agreement or declaration that creates a beneficial interest in another. &#8220;<span class=\"dictionary\">Trustee<\/span>&#8221; includes a successor <span class=\"dictionary\">trustee<\/span>.\n\t\t&#8220;<span class=\"dictionary\">User<\/span>&#8221; means a person that has an <span class=\"dictionary\">account<\/span> with a <span class=\"dictionary\">custodian<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Will<\/span>&#8221; includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 64.2-116)\n\nAs used in this article, unless the context requires otherwise:\n\t\t&#8220;Account&#8221; means an arrangement under a terms-of-service agreement\nin which a custodian carries, maintains, processes, receives, or stores a\ndigital asset of the user or provides goods or services to the user.\n\t\t&#8220;Agent&#8221; means a person granted authority to act for a principal\nunder a power of attorney, whether denominated an agent, attorney-in-fact, or\notherwise. &#8220;Agent&#8221; includes an original agent, a coagent, a\nsuccessor agent, and a person to which an agent&#8217;s authority is delegated.\n\t\t&#8220;Carries&#8221; means engages in the transmission of an electronic\ncommunication.\n\t\t&#8220;Catalog of electronic communications&#8221; means information that\nidentifies each person with which a user has had an electronic communication,\nthe time and date of the communication, and the electronic address of the\nperson.\n\t\t&#8220;Conservator&#8221; means a person appointed by a court to manage the\nestate of a living individual. &#8220;Conservator&#8221; includes a limited\nconservator.\n\t\t&#8220;Content of an electronic communication&#8221; means information\nconcerning the substance or meaning of the communication that (i) has been sent\nor received by a user; (ii) is in electronic storage by a custodian providing an\nelectronic communication service to the public or is carried or maintained by a\ncustodian providing a remote computing service to the public; and (iii) is not\nreadily accessible to the public.\n\t\t&#8220;Court&#8221; means the circuit court for the county or city having\njurisdiction over the fiduciary in matters relating to the content of this\narticle.\n\t\t&#8220;Custodian&#8221; means a person who carries, maintains, processes,\nreceives, or stores a digital asset of a user.\n\t\t&#8220;Designated recipient&#8221; means a person chosen by a user using an\nonline tool to administer digital assets of the user.\n\t\t&#8220;Digital asset&#8221; means an electronic record in which an individual\nhas a right or interest. &#8220;Digital asset&#8221; does not include an\nunderlying asset or liability unless the asset or liability is itself an\nelectronic record.\n\t\t&#8220;Electronic&#8221; means relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t&#8220;Electronic communication&#8221; has the same meaning as the definition\nprovided in 18 U.S.C. \u00a7 2510(12).\n\t\t&#8220;Electronic communication service&#8221; means a custodian that provides\nto a user the ability to send or receive an electronic communication.\n\t\t&#8220;Fiduciary&#8221; means an original, additional, or successor personal\nrepresentative, conservator, guardian, agent, or trustee.\n\t\t&#8220;Guardian&#8221; means a person appointed by a court to manage the\nperson of a living individual adult pursuant to Chapter 20 (\u00a7 64.2-2000 et\nseq.) or a person appointed by a court to manage the estate of a minor pursuant\nto Chapter 17 (\u00a7 64.2-1700 et seq.). &#8220;Guardian&#8221; includes a limited\nguardian.\n\t\t&#8220;Information&#8221; means data, text, images, videos, sounds, codes,\ncomputer programs, software, databases, or something that is substantially\nsimilar.\n\t\t&#8220;Online tool&#8221; means an electronic service provided by a custodian\nthat allows the user, in an agreement distinct from the terms-of-service\nagreement between the custodian and user, to provide directions for disclosure\nor nondisclosure of digital assets to a third person.\n\t\t&#8220;Person&#8221; means an individual; estate; business or nonprofit\nentity; public corporation; government or governmental subdivision, agency, or\ninstrumentality; or other legal entity.\n\t\t&#8220;Personal representative&#8221; means an executor, administrator,\ncurator, designated successor or successor under the Virginia Small Estate Act\n(\u00a7 64.2-600 et seq.), or person that performs substantially the same function\nunder the laws of the Commonwealth other than this article.\n\t\t&#8220;Power of attorney&#8221; means a record that grants an agent authority\nto act in the place of a principal.\n\t\t&#8220;Principal&#8221; means an individual who grants authority to an agent\nin a power of attorney.\n\t\t&#8220;Protected person&#8221; means an individual for whom a conservator or\nguardian has been appointed. &#8220;Protected person&#8221; includes an\nindividual for whom an application for the appointment of a conservator or\nguardian is pending.\n\t\t&#8220;Record&#8221; means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n\t\t&#8220;Remote computing service&#8221; means a custodian that provides to a\nuser computer-processing services or the storage of digital assets by means of\nan electronic communications system, as defined in 18 U.S.C. \u00a7 2510(14).\n\t\t&#8220;Terms-of-service agreement&#8221; means an agreement that controls the\nrelationship between a user and a custodian.\n\t\t&#8220;Trustee&#8221; means a fiduciary with legal title to property under an\nagreement or declaration that creates a beneficial interest in another.\n&#8220;Trustee&#8221; includes a successor trustee.\n\t\t&#8220;User&#8221; means a person that has an account with a custodian.\n\t\t&#8220;Will&#8221; includes a codicil, testamentary instrument that only\nappoints an executor, and instrument that revokes or revises a testamentary\ninstrument.\n\nHISTORY: 2017, cc. 33, 80.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}