Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Del. Code Ann. tit. 31, § 3902(2), (19).
Del. Code Ann. tit. 11, § 222(10).
Del. Code Ann. tit. 11 § 1105(c).
Del. Code Ann. tit. 6 § 73-307(a), (e).
Del. Code Ann. tit. 6 § 73-103 (5), (19).
(Mandated? Permissive?)
Any person having reasonable cause to believe that an adult person is impaired or incapacitated. (Mandated)
An employee of a financial institution, if the financial institution has an internal written policy. (Mandated)
Any agent, broker-dealer, investment adviser, investment adviser representative or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. (Mandated)
(Y/N)
Yes, a broker-dealer or investment advisor may delay. Del. Code Ann. tit. 6 § 73-307(c).
Any delay of a disbursement as authorized by this section will expire upon the sooner of: a. A determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the eligible adults; or b. Ten business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless the Director requests that the broker dealer or investment adviser extend the delay or the broker-dealer or investment adviser has not heard from either the Director or the Department of Health and Social Services. In either case, the delay shall expire no more than 40 business days after the date on which the broker-dealer or investment adviser first delayed the disbursement of the funds unless otherwise terminated or extended by the Director or an order of a court of competent jurisdiction. Del. Code Ann. tit. 6 § 73-307(c)(3).
Any person having reasonable cause to believe that an adult person is impaired or incapacitated as defined in § 3902 of this title and is in need of protective services as defined in § 3904 of this title shall report such information to the Department of Health and Social Services. Del. Code Ann. tit.31, §3910(a).
If an employee of a financial institution who has direct contact with an elderly person has reasonable cause to believe that such elderly person who is an account holder may be subject to past, current or attempted financial exploitation, that employee shall follow any internal written policy, program, plan or procedure adopted by the financial institution for the purpose of establishing protocols for the reporting of past, current or attempted financial exploitation. Said policies, programs, plans or procedures shall require reporting to the Department by the earlier of the date on which the financial institution completes its investigation or 5 business days after the bank identifies a suspicious transaction pursuant to the policies, programs, plans or procedures adopted by the financial institution. Such policies, programs, plans or procedures may, in addition, allow reporting to agencies such as the Delaware Department of Justice or the Federal Trade Commission. Del. Code Ann. tit.31, § 3910(c).
If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual shall promptly, but in no event more than 5 business days after the suspicion of financial exploitation, notify both the director and the department of health and social services as consistent with title 31, section 3910. If more than one qualified individual working at the same broker-dealer or investment adviser suspects financial exploitation, that broker-dealer or investment adviser does not need to make more than one notification to the director and one notification to the department of health and social services. Del. Code Ann. tit. 6 § 73-307(a).
Qualified Individual: Any agent, broker-dealer, investment adviser, investment adviser representative or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. To be codified at Del. Code Ann. tit. 6 § 73-103 (19).
Adult Who is Impaired: Any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody. Del. Code Ann. tit. 31, § 3902(2).
Person Who is Incapacitated: A person for whom a guardian of person or property, or both, shall be appointed, under § 3901 of Title 12. Del. Code Ann. tit. 31, § 3902(19).
Elderly Person: Any person who is 62 years of age or older. Del. Code Ann. tit. 11, § 222(10).
Vulnerable Adult: A person 18 years of age or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation. Without limitation, the term “vulnerable adult” includes any adult for whom a guardian or the person or property has been appointed. Del. Code Ann. tit. 11 § 1105(c).
Eligible Adult: An “elderly person” as defined in § 222 of Title 11; or a “vulnerable adult” as defined in § 1105 of Title 11. Del. Code Ann. tit. 6 § 73-103(5).
Yes.
Any person or entity participating in good faith in reporting or holding or not holding a transaction pursuant to this chapter shall have immunity from any liability, civil, administrative, or criminal that might otherwise exist as a result of reporting or holding or not holding the transaction. Del. Code Ann. tit. 31, § 3910(d).
A qualified individual that, in good faith and exercising reasonable care, complies with section 73-307(a), (b), or (c) shall be immune from any administrative or civil liability that might otherwise arise from such action. Del. Code Ann. tit. 6 § 73-307(e).
** Senior Safe Act
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