How-to Manage Digital Assets

End of Life Management Toolkit #10 | by Team Passare and Evan Carroll

Digital Assets Sample Will Authorization Language

Power Of Attorney

Digital Assets. My attorney-in-fact 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 or such comparable items 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, domain registrstions, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts and similar digital items which currently exist

Wills Your Will should include specific powers to handle digital assets and a definition of digital assets, such as, “Digital Assets. My executor shall have the power to access, handle, distribute and dispose of my digital assets”, as defined below.

“Digital Assets.” “Digital assets” includes files stored on 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 or such comparable items as technology develops. The term “digital assets” also includes but is not limited to emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial 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 or such comparable items as technology develops, regardless of the ownership of the physical device upon which the digital item is stored.

Optionally you may want to specify another individual who is more technologically savvy to assist the executor in handling digital assets.

I authorize my executor to engage ___________ to assist in accessing, handling, distributing and disposing of my digital assets.

Finally it may be desirable to reference an external list of digital assets and relevant user names and passwords.

I have prepared a memorandum with instructions concerning my digital assets and their access, handling, distribution and disposition. I direct my executor and beneficiaries to follow my instructions concerning my digital assets.

Important Note: Note: This Digital Assets Sample Authorization language is courtesy of Jean Gordon Carter in collaboration with Evan Carroll and John Romano. It is available for estate planners to include and adapt in their documents. Please go to: http://www.digitalestateresource.com/sample-language/ for more information.

The information contained in this booklet is for educational purposes only and is not intended to be construed as legal advice. For legal advice, consult an attorney. The information contained in this booklet is subject to change and does not purport to be a complete statement of all relevant issues. In certain jurisdictions this may constitute attorney advertising.

Passare

From birth to death, life is a series of passages.  Passare provides an online service that connects people to trusted End of Life Management experts and resources.  With Passare, you can explore, plan and prepare for End of Life Management, simplifying the process while honoring ensuring the specific needs and wishes of you and your family.  Passare gives you control over one of life’s most important passages. 

Evan Carrol

Evan Carroll is a user experience designer, author and speaker from Raleigh, NC. He is co-founder of The Digital Beyond, a blog and think tank devoted to digital afterlife and legacy issues. Evan is the author of the book, Your Digital Afterlife: When Facebook, Flickr and Twitter Are Your Estate, What’s Your Legacy? (New Riders Press, 2011).
Evan has appeared in numerous media outlets including The New York Times, The Wall Street Journal, NPR’s Fresh Air, CNN, PBS News Hour, Popular Science, Fox News, CNN and The Atlantic. Evan holds MS and BS degrees from UNC-Chapel Hill’s School of Information and Library Science. www.thedigitalbeyond.com

 

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