AB 691

Under current law, if a county elder-adult-at-risk agency receives a report of

alleged abuse, financial exploitation, neglect, or self-neglect (abuse) of an individual

who is over 60 and who has experienced, is currently experiencing, or is at risk of

experiencing abuse (elder adult at risk), the agency generally must respond to the

report or refer the report to another agency for investigation. Similarly, if a county

adult-at-risk agency believes that an adult who has a physical or mental condition

that substantially impairs his or her ability to care for his or her needs and who has

experienced, is experiencing, or is at risk of experiencing abuse (adult at risk) is the

subject of abuse, the adult-at-risk agency may investigate to determine whether the

adult at risk is in need of protective services. Current law provides several options

for investigation and response, including visits to the person's residence,

observation, or reviews of certain records.

Under this bill, if either the elder-adult-at-risk agency or the adult-at-risk

agency conducts an investigation that indicates that an individual at risk is the

subject of financial exploitation, the agency must file a petition with a court to

require the individual's financial institution to refuse transfers or withdrawals from,

or "freeze," an account held by the individual. The bill requires that the petition

specify the account and the financial institution and name the person who is likely,

without court action, to exploit financially the individual at risk. The court must

order the financial institution to freeze the account if the court finds reasonable

grounds to believe that the account has been used to exploit the individual at risk,

or is likely to be used by the named person to exploit the individual at risk, based

upon the named person's prior conduct or based upon the findings of the agency. The

court may hear testimony from the individual at risk; the individual's guardian or

agent, if any; the person alleged to be the financial exploiter; and a representative

of the financial institution. If the court issues an order freezing the account, the court

has discretion to permit some activity on the account and to set the length of the

freeze for any period up to one year.