CairnVault Research

Does a power of attorney cover my online accounts?

FULLY SOURCED

This is general information, not legal advice. Yes, but the details matter more than most people expect, and RUFADAA (the model law covered in Q7/Q8) draws a sharper line here than it does for a will. We checked Florida's enactment of the law directly.

Florida's statute defines the relevant role first: "'Agent' means a person that is granted authority to act for a principal under a durable or nondurable power of attorney, whether denominated an agent, an attorney in fact, or otherwise." Source, §740.002(2) But the law splits what that agent can get into two very different tiers, and the split is exactly the one that matters for a family:

So the honest answer is: your power of attorney almost certainly covers logistics — catalogs, account metadata, non-message digital assets — automatically, through its general authority language. It only covers the actual content of your private messages if you (or your attorney, when the document was drafted) specifically added language granting authority over "the content of electronic communications." If your POA is an off-the-shelf template, check it for that exact phrase before assuming your agent could read your email if you became incapacitated.

What we could not verify: whether every RUFADAA-enacting state splits authority the same message-content-vs-everything-else way Florida's statute does — we confirmed Florida's specific statutory text, not all fifty states' individual enactments.

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Who wrote this, and why you should check it

We are CairnVault. We build an encrypted digital-legacy plan — your family can open it when you die, and nobody, including us, can read it while you are alive. So we are not a neutral party on this subject, which is precisely why every claim above links to somebody else's documentation rather than to ours.

If we have got something wrong, tell us — we correct the text and record the correction with a date. We have already had to retract several claims from our own earlier materials.

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