{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-116.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-116.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-116.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-116.html"}],"law_id":375836,"edition_id":2,"section_id":375836,"structure_id":53452,"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\n“Account” 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\n“Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. “Agent” includes an original agent, a coagent, a successor agent, and a person to which an agent’s authority is delegated.\n\n“Carries” means engages in the transmission of an electronic communication.\n\n“Catalog of electronic communications” 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\n“Conservator” means a person appointed by a court to manage the estate of a living individual. “Conservator” includes a limited conservator.\n\n“Content of an electronic communication” 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\n“Court” means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article.\n\n“Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of a user.\n\n“Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.\n\n“Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.\n\n“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\n“Electronic communication” has the same meaning as the definition provided in 18 U.S.C. \u00a7 2510(12).\n\n“Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.\n\n“Fiduciary” means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee.\n\n“Guardian” 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.). “Guardian” includes a limited guardian.\n\n“Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.\n\n“Online tool” 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\n“Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.\n\n“Personal representative” 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\n“Power of attorney” means a record that grants an agent authority to act in the place of a principal.\n\n“Principal” means an individual who grants authority to an agent in a power of attorney.\n\n“Protected person” means an individual for whom a conservator or guardian has been appointed. “Protected person” includes an individual for whom an application for the appointment of a conservator or guardian is pending.\n\n“Record” 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\n“Remote computing service” 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\n“Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.\n\n“Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. “Trustee” includes a successor trustee.\n\n“User” means a person that has an account with a custodian.\n\n“Will” includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.\n\n","order_by":null,"text":{"0":{"id":1403238,"text":"As used in this article, unless the context requires otherwise:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1403239,"text":"“Account” 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1403240,"text":"“Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. “Agent” includes an original agent, a coagent, a successor agent, and a person to which an agent’s authority is delegated.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1403241,"text":"“Carries” means engages in the transmission of an electronic communication.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1403242,"text":"“Catalog of electronic communications” 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"5":{"id":1403243,"text":"“Conservator” means a person appointed by a court to manage the estate of a living individual. “Conservator” includes a limited conservator.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"6":{"id":1403244,"text":"“Content of an electronic communication” 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"7":{"id":1403245,"text":"“Court” means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"8":{"id":1403246,"text":"“Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of a user.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"9":{"id":1403247,"text":"“Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"10":{"id":1403248,"text":"“Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"11":{"id":1403249,"text":"“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"12":{"id":1403250,"text":"“Electronic communication” has the same meaning as the definition provided in 18 U.S.C. \u00a7 2510(12).","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"13":{"id":1403251,"text":"“Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"14":{"id":1403252,"text":"“Fiduciary” means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"15":{"id":1403253,"text":"“Guardian” 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.). “Guardian” includes a limited guardian.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"16":{"id":1403254,"text":"“Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"17":{"id":1403255,"text":"“Online tool” 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"18":{"id":1403256,"text":"“Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"19":{"id":1403257,"text":"“Personal representative” 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"20":{"id":1403258,"text":"“Power of attorney” means a record that grants an agent authority to act in the place of a principal.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"21":{"id":1403259,"text":"“Principal” means an individual who grants authority to an agent in a power of attorney.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"22":{"id":1403260,"text":"“Protected person” means an individual for whom a conservator or guardian has been appointed. “Protected person” includes an individual for whom an application for the appointment of a conservator or guardian is pending.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"23":{"id":1403261,"text":"“Record” 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"24":{"id":1403262,"text":"“Remote computing service” 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).","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"25":{"id":1403263,"text":"“Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"26":{"id":1403264,"text":"“Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. “Trustee” includes a successor trustee.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"27":{"id":1403265,"text":"“User” means a person that has an account with a custodian.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"28":{"id":1403266,"text":"“Will” 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,"prior_prefix":""}},"ancestry":[{"id":53452,"edition_id":2,"name":"Uniform Fiduciary Access to Digital Assets Act","identifier":"3.1","label":"article","depth":4,"order_by":4,"parent_id":53426,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 03:16:38","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499843,"object_type":"structure","relational_id":53452,"identifier":"3.1","token":"64.2\/I\/1\/3.1","url":"\/64.2\/I\/1\/3.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53426,"edition_id":2,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":53425,"metadata":{"child_laws":29,"child_structures":4},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499787,"object_type":"structure","relational_id":53426,"identifier":"1","token":"64.2\/I\/1","url":"\/64.2\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53425,"edition_id":2,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":53424,"metadata":{"child_laws":29,"child_structures":5},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499785,"object_type":"structure","relational_id":53425,"identifier":"I","token":"64.2\/I","url":"\/64.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":375836,"structure_id":53452,"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":375837,"structure_id":53452,"section_number":"64.2-117","catch_line":"Applicability","url":"\/64.2-117\/","token":"64.2\/I\/1\/3.1\/64.2-117","metadata":{"court_decisions":""}},{"id":375838,"structure_id":53452,"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":375839,"structure_id":53452,"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":375840,"structure_id":53452,"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":375851,"structure_id":53452,"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":375862,"structure_id":53452,"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":375866,"structure_id":53452,"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":375867,"structure_id":53452,"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":375868,"structure_id":53452,"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":375869,"structure_id":53452,"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":375870,"structure_id":53452,"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":375871,"structure_id":53452,"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":375872,"structure_id":53452,"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":375873,"structure_id":53452,"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":375884,"structure_id":53452,"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":375893,"structure_id":53452,"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":375837,"structure_id":53452,"section_number":"64.2-117","catch_line":"Applicability","url":"\/64.2-117\/","token":"64.2\/I\/1\/3.1\/64.2-117","metadata":{"court_decisions":""}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-116\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 33<\/a> and 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":375977,"section_number":"64.2-1700","catch_line":"Natural guardians","order_by":null,"url":"\/64.2-1700\/"},{"id":376016,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":376329,"section_number":"64.2-600","catch_line":"Definitions","order_by":null,"url":"\/64.2-600\/"}],"permalink":{"id":1499845,"object_type":"law","relational_id":375836,"identifier":"64.2-116","token":"64.2\/I\/1\/3.1\/64.2-116","url":"\/64.2-116\/","edition_id":2,"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

As used in this article, unless the context requires otherwise:<\/p>

“Account<\/span>” means an arrangement under a terms-of-service agreement<\/span> in which a custodian<\/span> carries<\/span>, maintains, processes, receives, or stores a digital asset<\/span> of the user<\/span> or provides goods or services to the user<\/span>.<\/p>

“Agent<\/span>” means a person<\/span> granted authority to act for a principal<\/span> under a power of attorney<\/span>, whether denominated an agent<\/span>, attorney-in-fact<\/span><\/span>, or otherwise. “Agent<\/span>” includes an original agent<\/span>, a coagent, a successor agent<\/span>, and a person<\/span> to which an agent<\/span>’s authority is delegated.<\/p>

“Carries<\/span>” means engages in the transmission of an electronic communication<\/span>.<\/p>

“Catalog of electronic communications<\/span>” means information<\/span> that identifies each person<\/span> with which a user<\/span> has had an electronic communication<\/span>, the time and date of the communication, and the electronic address of the person<\/span>.<\/p>

“Conservator<\/span>” means a person<\/span> appointed by a court<\/span> to manage the estate of a living individual. “Conservator<\/span>” includes a limited conservator<\/span>.<\/p>

“Content of an electronic communication<\/span>” means information<\/span> concerning the substance or meaning of the communication that (i) has been sent or received by a user<\/span>; (ii) is in electronic storage by a custodian<\/span> providing an electronic communication service<\/span> to the public or is carried or maintained by a custodian<\/span> providing a remote computing service<\/span> to the public; and (iii) is not readily accessible to the public.<\/p>

“Court<\/span>” means the circuit<\/span> court<\/span> for the county or city having jurisdiction<\/span> over the fiduciary<\/span> in matters relating to the content of this article.<\/p>

“Custodian<\/span>” means a person<\/span> who carries<\/span>, maintains, processes, receives, or stores a digital asset<\/span> of a user<\/span>.<\/p>

“Designated recipient<\/span>” means a person<\/span> chosen by a user<\/span> using an online tool<\/span> to administer digital assets<\/span> of the user<\/span>.<\/p>

“Digital asset<\/span>” means an electronic record<\/span> in which an individual has a right or interest. “Digital asset<\/span>” does not include an underlying asset or liability unless the asset or liability is itself an electronic record<\/span>.<\/p>

“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.<\/p>

“Electronic communication” has the same meaning as the definition provided in 18 U.S.C. \u00a7 2510(12).<\/p>

“Electronic communication service<\/span>” means a custodian<\/span> that provides to a user<\/span> the ability to send or receive an electronic communication.<\/p>

“Fiduciary<\/span>” means an original, additional, or successor personal representative<\/span>, conservator<\/span>, guardian<\/span>, agent<\/span>, or trustee<\/span>.<\/p>

“Guardian<\/span>” means a person<\/span> appointed by a court<\/span> to manage the person<\/span> of a living individual adult pursuant to Chapter 20 (\u00a7 64.2-2000<\/a> et seq.) or a person<\/span> appointed by a court<\/span> to manage the estate of a minor<\/span> pursuant to Chapter 17 (\u00a7 64.2-1700<\/a> et seq.). “Guardian<\/span>” includes a limited guardian<\/span>.<\/p>

“Information<\/span>” means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.<\/p>

“Online tool<\/span>” means an electronic service provided by a custodian<\/span> that allows the user<\/span>, in an agreement distinct from the terms-of-service agreement<\/span> between the custodian<\/span> and user<\/span>, to provide directions for disclosure or nondisclosure of digital assets<\/span> to a third person<\/span>.<\/p>

“Person<\/span>” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.<\/p>

“Personal representative<\/span>” means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (\u00a7 64.2-600<\/a> et seq.), or person<\/span> that performs substantially the same function under the laws<\/span> of the Commonwealth other than this article.<\/p>

“Power of attorney<\/span>” means a record<\/span> that grants an agent<\/span> authority to act in the place of a principal<\/span>.<\/p>

“Principal<\/span>” means an individual who grants authority to an agent<\/span> in a power of attorney<\/span>.<\/p>

“Protected person<\/span>” means an individual for whom a conservator<\/span> or guardian<\/span> has been appointed. “Protected person<\/span>” includes an individual for whom an application for the appointment of a conservator<\/span> or guardian<\/span> is pending.<\/p>

“Record<\/span>” means 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.<\/p>

“Remote computing service<\/span>” means a custodian<\/span> that provides to a user<\/span> computer-processing services or the storage of digital assets<\/span> by means of an electronic communications system, as defined in 18 U.S.C. \u00a7 2510(14).<\/p>

“Terms-of-service agreement<\/span>” means an agreement that controls the relationship between a user<\/span> and a custodian<\/span>.<\/p>

“Trustee<\/span>” means a fiduciary<\/span> with legal title to property under an agreement or declaration that creates a beneficial interest in another. “Trustee<\/span>” includes a successor trustee<\/span>.<\/p>

“User<\/span>” means a person that has an account<\/span> with a custodian<\/span>.<\/p>

“Will<\/span>” 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\n“Account” means an arrangement under a terms-of-service agreement in\nwhich a custodian carries, maintains, processes, receives, or stores a digital\nasset of the user or provides goods or services to the user.\n\n“Agent” means a person granted authority to act for a principal\nunder a power of attorney, whether denominated an agent, attorney-in-fact, or\notherwise. “Agent” includes an original agent, a coagent, a\nsuccessor agent, and a person to which an agent’s authority is delegated.\n\n“Carries” means engages in the transmission of an electronic\ncommunication.\n\n“Catalog of electronic communications” 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\n“Conservator” means a person appointed by a court to manage the\nestate of a living individual. “Conservator” includes a limited\nconservator.\n\n“Content of an electronic communication” 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\n“Court” means the circuit court for the county or city having\njurisdiction over the fiduciary in matters relating to the content of this\narticle.\n\n“Custodian” means a person who carries, maintains, processes,\nreceives, or stores a digital asset of a user.\n\n“Designated recipient” means a person chosen by a user using an\nonline tool to administer digital assets of the user.\n\n“Digital asset” means an electronic record in which an individual\nhas a right or interest. “Digital asset” does not include an\nunderlying asset or liability unless the asset or liability is itself an\nelectronic record.\n\n“Electronic” means relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\n“Electronic communication” has the same meaning as the definition\nprovided in 18 U.S.C. \u00a7 2510(12).\n\n“Electronic communication service” means a custodian that provides\nto a user the ability to send or receive an electronic communication.\n\n“Fiduciary” means an original, additional, or successor personal\nrepresentative, conservator, guardian, agent, or trustee.\n\n“Guardian” means a person appointed by a court to manage the person\nof a living individual adult pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) or a\nperson appointed by a court to manage the estate of a minor pursuant to Chapter\n17 (\u00a7 64.2-1700 et seq.). “Guardian” includes a limited guardian.\n\n“Information” means data, text, images, videos, sounds, codes,\ncomputer programs, software, databases, or something that is substantially\nsimilar.\n\n“Online tool” 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\n“Person” means an individual; estate; business or nonprofit entity;\npublic corporation; government or governmental subdivision, agency, or\ninstrumentality; or other legal entity.\n\n“Personal representative” means an executor, administrator, curator,\ndesignated successor or successor under the Virginia Small Estate Act (\u00a7\n64.2-600 et seq.), or person that performs substantially the same function under\nthe laws of the Commonwealth other than this article.\n\n“Power of attorney” means a record that grants an agent authority to\nact in the place of a principal.\n\n“Principal” means an individual who grants authority to an agent in\na power of attorney.\n\n“Protected person” means an individual for whom a conservator or\nguardian has been appointed. “Protected person” includes an\nindividual for whom an application for the appointment of a conservator or\nguardian is pending.\n\n“Record” means information that is inscribed on a tangible medium or\nthat is stored in an electronic or other medium and is retrievable in\nperceivable form.\n\n“Remote computing service” means a custodian that provides to a user\ncomputer-processing services or the storage of digital assets by means of an\nelectronic communications system, as defined in 18 U.S.C. \u00a7 2510(14).\n\n“Terms-of-service agreement” means an agreement that controls the\nrelationship between a user and a custodian.\n\n“Trustee” means a fiduciary with legal title to property under an\nagreement or declaration that creates a beneficial interest in another.\n“Trustee” includes a successor trustee.\n\n“User” means a person that has an account with a custodian.\n\n“Will” 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":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}