LD 1782
pg. 2
Page 1 of 6 An Act To Prevent Elder and Dependent Adult Financial Abuse Page 3 of 6
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LR 2560
Item 1

 
A person or entity is deemed to have acted in bad faith if
the person or entity knew or should have known that the
elder or dependent adult had the right to have the property
transferred or made readily available to the elder or
dependent adult or to the elder or dependent adult's
representative.

 
For purposes of this paragraph, "representative" means a
person or entity that is either a conservator, trustee or
other representative of the estate of an elder or a
dependent adult or an attorney-in-fact of an elder or a
dependent adult who acts within the authority of the power
of attorney.

 
D.__"Financial institution" means a credit union authorized
to do business in this State or a financial institution
authorized to do business in this State.

 
E.__"Mandated reporter of suspected financial abuse of an
elder or a dependent adult" or "mandated reporter" means all
officers and employees of financial institutions.

 
F.__"Suspected financial abuse of an elder or a dependent
adult" means knowledge of or observation by a person who is
required to report under subsection 2 behavior or unusual
circumstances or transactions, or a pattern of behavior or
unusual circumstances or transactions, that would lead an
individual with like training or experience, based on the
same facts, to form a reasonable belief that an elder or a
dependent adult is the victim of financial abuse.

 
2.__Reporting required.__Any mandated reporter of suspected
financial abuse of an elder or a dependent adult who has direct
contact with the elder or dependent adult or who reviews or
approves the elder or dependent adult's financial documents,
records or transactions in connection with providing financial
services with respect to the elder or dependent adult and who,
within the scope of that mandated reporter's employment or
professional practice, has observed or has knowledge of an
incident that is directly related to the transaction or matter
that is within that scope of employment or professional practice
and that reasonably appears to be financial abuse or, in the case
of a mandated reporter who does not have direct contact with the
elder or dependent adult, who reasonably suspects that abuse
based solely on the information before that mandated reporter at
the time of reviewing or approving the document, record or
transaction shall report the known or suspected instance of
financial abuse by telephone immediately, or as soon as
practicably possible, and by written report sent within 2 working


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