In today’s world, nearly every aspect of our lives has a digital footprint. From online bank accounts to cryptocurrency wallets, social media, and cloud storage, digital assets now hold both financial and sentimental value. If you want to make certain that your digital assets are part of your estate and that your agent has access to them, an Issaquah, WA power of attorney lawyer can help you do this.
Yet, under Washington’s Uniform Power of Attorney Act (RCW 11.125), digital assets receive very little attention. Without the right language in your power of attorney, your agent may be locked out of vital online accounts, unable to recover photos, or even unable to manage cryptocurrency.
At Eastside Estate Planning, we include comprehensive digital asset provisions in our Powers of Attorney to make certain your agent can protect and access your online property lawfully.
What Counts As A Digital Asset
Washington’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA, RCW 11.120) defines digital assets as “an electronic record in which an individual has a right or interest.” That includes:
- Online banking and investment accounts
- Email and text message content
- Social media profiles
- Cloud storage and photos
- Domain names
- Cryptocurrency wallets
- Loyalty points and digital payment platforms
Under RCW 11.120.010, digital assets are separate from electronic communications (emails, private messages, etc.). Federal privacy laws make accessing these communications more complicated—meaning your agent must have explicit consent in your power of attorney.
Federal Privacy Laws Create Barriers
Even if Washington law authorizes access, federal privacy statutes can still block your agent.
- The Electronic Communications Privacy Act (ECPA) and Stored Communications Act prohibit companies like Google, Apple, or Meta from sharing electronic communications unless your consent is clearly documented.
- The Computer Fraud and Abuse Act (CFAA) makes it illegal for anyone to access an online account without authorization—even your own agent acting in good faith.
Without clear, explicit consent, major custodians can deny access and leave your agent powerless.
How We Solve This Problem
At Eastside Estate Planning, we build clear, enforceable digital asset powers into every power of attorney. These provisions:
- Authorize your agent to access, manage, and control all digital assets and communications.
- Include explicit consent satisfying federal privacy laws, allowing companies to lawfully grant access.
- Permit your agent to transfer or re‑title digital assets, including cryptocurrency and domain names, as part of your estate plan.
- Empower your agent to preserve and archive sentimental items like digital photos, videos, and personal files.
By aligning with RCW 11.120 (RUFADAA), RCW 11.125, and the relevant federal laws, we make sure your agent’s authority is both clear and lawful.
Protecting Your Digital Legacy
For many families, the most meaningful assets are digital — photo libraries, family videos, or creative work stored online. Without the right planning, those items can vanish or become inaccessible after incapacity or death.
Our Powers of Attorney authorize agents to preserve these materials, coordinate with trustees, and integrate your digital property into your overall estate plan. That way, your memories—and your legacy—remain protected.
Why This Matters For Washington Families
Most generic power of attorney forms don’t include digital asset provisions. That means your agent could be forced to go to court, or worse, risk violating privacy laws just to access your accounts.
By working with a Washington estate planning attorney who understands RUFADAA and the federal privacy statutes, you make certain that your digital life is fully covered—not just your physical and financial assets.
A Modern Estate Plan For A Digital World
Your digital assets are part of your legacy. A modern power of attorney should reflect that reality.
At Eastside Estate Planning, we help Washington families protect both their tangible and digital assets with Powers of Attorney designed for today’s world. We provide comprehensive estate planning services including drafting wills, forming trusts, tax advice and probate services. We offer flat‑fee packages that provide transparency in pricing while maintaining high quality service. If you’re searching for a power of attorney lawyer in Washington or need to update your existing estate plan to include digital assets, contact us today.
