SB 970

This bill allows financial service providers to refuse or delay financial transactions when financial exploitation of a vulnerable adult is suspected. The bill authorizes financial service providers to take certain other actions to prevent or detect financial exploitation of vulnerable adults.

Under current law, upon receiving a report of alleged abuse, financial exploitation, neglect, or self-neglect of any person age 60 or older who has experienced, is experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation (an elder adult at risk), the elder-adult-at-risk agency in a county must respond by investigating or must refer the report to another agency for investigation. Similarly, if it has reason to believe 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, neglect, self-neglect, or financial exploitation (an adult at risk) is the subject of abuse, financial exploitation, neglect, or self-neglect, the adult-at-risk agency in a county may respond by investigating to determine whether the adult at risk is in need of protective services. “Financial exploitation” includes obtaining an individual’s money or property by deceiving or enticing the individual or by coercing the individual to give, sell at less than fair value, or convey money or property against his or her will without his or her informed consent, and also includes certain crimes such as theft and forgery.

Current law defines a “vulnerable adult” as an adult who is at least 65 years of age or 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, neglect, self-neglect, or financial exploitation. A “financial service provider” is defined to include financial institutions chartered under the law of this state and other state-licensed financial service providers such as mortgage bankers and brokers, money transmitters, and various types of lenders. Current law provides a process for a financial service provider to create a list of persons that a vulnerable adult authorizes to be contacted if the financial service provider reasonably suspects that the vulnerable adult is a victim of financial exploitation. A financial service provider may convey its suspicions of financial exploitation to the persons on this list and certain other persons. A financial service provider acting in good faith is immune from liability for contacting a person or not contacting a person to convey a suspicion of financial exploitation and for any action taken in furtherance of its reasonable suspicion of financial exploitation.

Under this bill, if a financial service provider reasonably suspects that financial exploitation of a vulnerable adult has occurred or been attempted, the financial service provider may, but is not required to, refuse or delay a financial transaction on an account of the vulnerable adult or on which the vulnerable adult is a beneficiary or on an account of a person suspected of perpetrating financial exploitation. In addition, a financial service provider may, but is not required to, refuse or delay a financial transaction if an elder-adult-at-risk agency, adult-at-risk agency, or law enforcement agency provides information to the financial service provider that financial exploitation of a vulnerable adult may have occurred or been attempted. The bill requires certain notice if a financial service provider refuses or delays a financial transaction under these circumstances and establishes certain time limits applicable to the refusal or delay of the financial transaction. In addition, the bill allows a financial service provider to refuse to accept a power of attorney of a vulnerable adult if the financial service provider reasonably suspects that the vulnerable adult may be the victim of financial exploitation. A financial service provider is immune from liability for 1) refusing or not refusing, or delaying or not delaying, a financial transaction, 2) refusing to accept or accepting a power of attorney, and 3) any action based on a reasonable determination related to item 1 or 2.

The bill also modifies the definition of “financial institution” so that a financial services provider includes a financial institution chartered under the laws of this state or another state or under federal law.