Digital Asset Access & Online Account Memorial Directive

Digital Asset Access & Online Account Memorial Directive: a practical guide

A Digital Asset Access & Online Account Memorial Directive records who a person wants to handle specified online accounts or digital assets if the person dies or cannot manage them. It can also state whether accounts should be closed, preserved, memorialized, or handled in another way.

What it's for

People use this document to explain their wishes and identify a person or people to contact about selected accounts, files, or digital assets. It can help clarify practical tasks such as preserving family photos, closing an account, managing a website, or asking an account provider about its process.

Decide whether the directive covers account access, account management, memorialization, closure, or only some of these. These are different wishes, and naming someone in a document may not by itself give that person access or authority under an account provider's rules or local requirements.

This document is about online accounts and digital assets. A will may be a better fit for broader estate instructions, while an advance healthcare directive or medical proxy is for healthcare wishes and decisions.

Who uses it

• A person who wants to record what should happen to personal social, email, photo, or cloud storage accounts.
• A small business owner who wants to identify who should address business websites, domain names, online services, or digital records.
• A person who holds digital assets or manages online projects that others may need to locate or maintain.
• A person who wants selected accounts memorialized or closed after death.
• A person who wants a trusted person to know where account information is kept without placing passwords in the directive.

Terms to decide on

Covered accounts and assets

Describe the accounts, devices, files, and digital assets covered, using account names or categories that can be identified later. Keep sensitive details such as passwords and recovery codes in a separate secure record.

Specific powers granted

State what the named person may do, such as locate records, contact providers, preserve files, manage a website, close an account, or request memorialization. Separate each permission from actions the person must not take.

Memorialization, closure, or preservation

For each important account or category, say whether it should be preserved, memorialized, closed, or handled another way. Include any content or service that should not be deleted or shared.

Effective date and triggering event

Explain when the instructions are intended to apply, such as after death or when the person cannot manage the accounts. Avoid vague wording and consider how the named person would know the stated condition has occurred.

Expiration or revocation

State when the instructions end and how the person who made them intends to change or withdraw them. Check that the stated condition is clear and does not conflict with other instructions.

Sub-delegation

Decide whether the named person may ask someone else to help with tasks, and identify any limits on that help. Consider whether the helper may see private content or only assist with administrative steps.

Privacy and access limits

Say what information may be viewed, copied, shared, or kept private. Make clear whether the named person may access message contents or should only handle account status and preservation tasks.

Common mistakes

• Putting passwords, recovery codes, or security answers directly in the directive can expose them if the document is copied or shared. Keep access details in a separate secure place and explain how the named person can locate them.
• Using broad wording such as “handle all my online accounts” leaves uncertainty about what actions are allowed. Name the accounts or categories and describe the permitted actions.
• Assuming a directive overrides an account provider's procedures can lead to delays or denied requests. Check whether each provider offers separate settings or instructions for access, memorialization, or closure.
• Naming someone without telling them can leave the person unable to find the directive or the separate access record. Let the named person know where the instructions are kept and how to reach them.
• Giving conflicting directions in this document and in another estate or account instruction can create confusion. Review related records together and update them when your wishes change.

Before you sign

• Confirm that the named people and covered accounts are identified clearly.
• Read each permission and limit to make sure it says what you intend.
• Check that the instructions distinguish account access from memorialization or closure.
• Remove passwords and other secret access details from the document.
• Tell the named person where the directive and any separate access record can be found.
• Check local rules for signing, witnesses, notarization, registration, notice periods, or required wording, and ask a qualified lawyer if much is at stake.
• Review any account provider instructions that may affect your wishes.