W. Va. Code § 44-5B-9

Current through 2024 First Special Session
Section 44-5B-9 - Disclosure of content of electronic communications of principal

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:

(a) A written request for disclosure in physical or electronic form;
(b) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2) Evidence linking the account to the principal.

W. Va. Code § 44-5B-9

Added by 2018 Acts, ch. 92 (SB 102), eff. 6/5/2018.