Protecting Jeremy Berman’s Privacy
Photo of Jeremy Berman © Michelle Shiers
As I discussed in “Defending Jeremy Berman’s Final Wishes,” Jeremy entrusted me with important duties. He appointed me as his Durable Power of Attorney to help manage his affairs during his life and selected me as his estate representative to carry out his final wishes after his death.
Soon after Jeremy’s passing, I discovered that some of his digital accounts were no longer accessible to me—despite being provided with credentials during his lifetime.
Because related legal matters remain ongoing, I cannot discuss every aspect of those events. What I can say is that the experience fundamentally changed how I think about safeguarding digital assets and protecting privacy after death, especially because Jeremy was such a deeply private person.
The experience raised several philosophical questions:
What happens when a representative discovers that digital records are no longer readily available? Does it mean further administrative hurdles other than the decedent intended? Does obtaining those records require additional time, expense, and process? Does it create uncertainty regarding the privacy, security, or handling of the deceased’s sensitive information? Does it become more difficult to preserve the dignity, legacy, and wishes of someone who is no longer here to speak for themselves?
These are some of the questions that have shaped my thinking about testamentary rights.
When a loved one’s health is declining, I now believe it is wise to think carefully about where their digital accounts are housed, how recovery methods are configured, and whether their chosen representative will be able to obtain the information they may need when the time comes. I have since learned the value of putting security measures in place, especially during times of vulnerability.
One practical step is to make secure archives of digital records while they are still available, including offline backups and redundant storage methods, rather than assuming accounts and data will always remain accessible after a loved one’s death. Unfortunately, this is a lesson I learned too late.
Additionally, if digital assets are stored by a third party, it is worth understanding the role that dependency may play. There is always a degree of trust being placed in third parties to preserve those records and handle them in a manner consistent with the account holder’s intentions. Looking back, I wish I had considered the risks that can accompany that dependency.
While every situation is different, I hope the lessons shared here inspire others to think proactively about digital preservation, estate planning, and access to important records.
I believe a person’s voice should not disappear simply because they are no longer here. Justice for Jeremy Berman was founded on the mission that Jeremy’s final wishes deserve to be respected. That includes honoring Jeremy’s intentions and protecting his privacy.
That mission continues to this day.
Love, Brandi ❤️
A Durable Power of Attorney is defined as a legal document that gives one person the authority to make medical, legal, or financial decisions for another person. In most cases, a durable power of attorney remains in effect until the person who grants it dies or cancels it.
Disclaimer: Although probate has concluded, related civil litigation continues. Because certain matters remain the subject of ongoing civil proceedings, the Estate cannot comment fully on those matters at this time.
This article is intended for informational, historical, activist, and testamentary rights advocacy purposes only. The opinions expressed are my own and are based on my personal experiences, opinions and observations.
Nothing contained herein should be construed as legal advice and nothing herein is intended to waive any legal rights, claims, defenses, privileges, or remedies available to Jeremy Berman’s estate, Brandi Booth, or related parties.
