Help! My dad's cryptocurrency wallet is locked, and I have no idea how to manage his digital life as his guardian!

As more of our lives move online, guardianship law is evolving to address the management of digital assets. From social media accounts to cryptocurrency wallets, guardians and courts are increasingly tasked with navigating the complexities of digital property.

What Are Digital Assets?

Digital assets include a wide range of online and electronic properties, such as:

• Email accounts
• Social media profiles
• Online banking and investment accounts
• Cloud storage files
• Cryptocurrencies and NFTs

For individuals under guardianship, managing these assets can present unique legal and logistical challenges.

Why Are Digital Assets a Hot Topic in Guardianship?

1. Privacy Concerns: Laws like the Stored Communications Act (SCA) often prevent guardians from accessing certain digital accounts without explicit authorization.
2. Lack of Awareness: Many guardians are unaware of the digital footprint they need to manage, potentially leaving valuable or sensitive information unaddressed.
3. Rising Value: With the growth of cryptocurrency and online business accounts, digital assets can represent significant portions of an individual's estate.

Steps to Address Digital Assets in Guardianship

1. Include Digital Assets in Estate Planning: Individuals should list their digital assets and provide access instructions in their estate plans.
2. Obtain Proper Authorization: Guardians may need specific court Orders or documents, such as a digital asset authorization form, to access accounts.
3. Work with Professionals: Attorneys and financial advisors can help guardians navigate legal and technical hurdles.

As our digital lives expand, guardianship laws must continue adapting to ensure proper management and protection of these intangible but critical assets. For families and guardians, understanding digital asset management is no longer optional—it's essential.

As always, navigating legal matters can be complex and requires the guidance of competent legal counsel to protect your rights and interests. Don't leave important matters to chance—retain reliable legal counsel to guide you every step of the way!