Hypothetical by Manny Wood published in the Coffs Coast Advocate on 6 June 2020.
Aliesha is an online lifestyle blogger who has found a lucrative niche within the alternative ecofriendly Vegan community. As a result, Aleisha’s new-found popularity on the social media platform Instagram is beginning to attract thousands of followers and make her quite a bit of money.
Aleisha is concerned about what would happen to her beloved followers in the event that she lost the mental capacity to continue posting. She already has a power of attorney and wonders if her attorney, her aging father Scott, would be the right person to continue with her social media legacy.
According to Aleisha, her father Scott is about as tech illiterate as they come and she is concerned that he would not be able to keep up with her followers needs. She is then pleased when her solicitor advises that she is able to make an additional power of attorney.
This additional power of attorney would be subject to a special condition stating that her attorney is only to act in relation to her digital assets and in Aleisha’s case, specifically her Instagram account. Her solicitor also advises that she is able to gift her Instagram account, as a digital asset, in her will. After careful consideration, Aleisha decides to go ahead with a power of attorney and a new will addressing her digital assets.
Aleisha’s solicitor than drafts the additional power of attorney in which she appoints her friend and follow lifestyle blogger Harold, known affectionately by his followers as GreenNotMean.
In anticipation of him acting as her digital attorney, Aleisha also gifts Harold her Instagram page, and the revenue that comes with it, in her Will. Happy with the draft, Aleisha signs the power of attorney and will, knowing that that her digital legacy will be protected from incapacity and death.
Thank you to Jamie Visco for his assistance with this column. If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
