Yes, this is legal in Illinois, provided that the son produces certain information, including the power of attorney document that grants him the authority to act on behalf of his father.

The Revised Uniform Fiduciary Access to Digital Assets Act requires a custodian of an individual’s “digital assets” to provide access to an agent acting under a power of attorney, provided that the agent presents a written request for access, an original or copy of the power of attorney “that gives the agent specific authority over digital assets or general authority to act on behalf of the principal”, and a certification under penalty of perjury that the power of attorney is in effect.

Your bank also may request a number, username, address, or other unique subscriber or account identifier for the user’s account, and evidence linking the account to the user.

We also note that although the definition of “digital asset” includes an online banking account, it does not include the underlying funds in the bank account. The right to control the underlying funds must be included in the power of attorney document.

For resources related to our guidance, please see:

• Revised Uniform Fiduciary Access to Digital Assets Act (2015), 755 ILCS 70/2(8) (“‘Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user.”)

• Revised Uniform Fiduciary Access to Digital Assets Act (2015), 755 ILCS 70/2(10) (“‘Digital asset’ means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.”)

• Revised Uniform Fiduciary Access to Digital Assets Act (2015), 755 ILCS 70/10 (“Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal . . . digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (B) evidence linking the account to the principal.”)