Facebook now lets users designate a person who can have access to their account after their death, as part of the security settings. In the past, Facebook and other on-line services have resisted permitting one's agent under a financial power of attorney or a personal representative of one's estate from accessing accounts. Partly, this is because federal law prohibits anyone other than the "user" from accessing an account. The Uniform Fiduciary Access to Digital Assets Act authorizes fiduciaries under state law to access accounts, but there is still a conflict with federal law. This Uniform Act may be introduced in the Colorado legislature this session. Stay tuned!
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