Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Ga. Code Ann. § 7-1-4 (20), (21).
Ga. Code Ann. § 30-5-3(5), (6), (11).
(Mandated? Permissive?)
Any employee of a financial institution or investment company, provided however, that this obligation shall not apply to any employee of a financial institution or investment company while that employee is acting as a fiduciary, but only for such assets that the employee is holding or managing in a fiduciary capacity. (Mandated)
Any other person. (Permissive)
(Y/N)
Yes, a dealer or investment advisor may delay. Ga. Code. Ann. § 10-5-103(a). (a) A broker-dealer or investment adviser may delay a disbursement from, or a transaction in connection with, an account of an eligible adult or an account on which an eligible adult is a beneficiary if the broker-dealer, investment adviser, or qualified individual has reasonable cause to believe that, after initiating an internal review of the requested disbursement or transaction and the suspected financial exploitation, the requested disbursement or transaction may result in the financial exploitation of the eligible adult. (b) If a broker-dealer or investment adviser delays a disbursement or transaction under subsection (a) of this Code section, the broker-dealer, investment adviser, or qualified individual shall: (1) Immediately, and in no event more than two business days after the requested disbursement or transaction was delayed, provide written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless there is reasonable cause to believe such party engaged in the suspected or attempted financial exploitation of the eligible adult; (2) Immediately, and in no event more than two business days after the requested disbursement or transaction was delayed, notify the Commissioner pursuant to Code Section 10-5-101; and (3) Continue an internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and report the investigation’s results to the Commissioner within seven business days of the requested disbursement or transaction. (c) The authorization of any delay of a disbursement or transaction pursuant to this Code section shall expire upon the sooner of: (1) A determination by the broker-dealer or investment adviser that the disbursement or transaction will not result in the financial exploitation of the eligible adult; or (2) Fifteen business days after the date on which the broker-dealer or investment adviser first delayed the requested disbursement or transaction, unless the Commissioner requests that the broker-dealer or investment adviser extend the delay, in which case the delay shall expire no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed the disbursement or transaction, unless sooner terminated by either the Commissioner or an order of a court of competent jurisdiction. (d) A court of competent jurisdiction may enter an order extending the delay of a disbursement or transaction under this Code section, or may order other protective relief, upon the petition of the Commissioner; adult protective agency of competent jurisdiction; a broker-dealer or investment adviser that initiated the delay under this Code section; or another interested party. OCGA § 10-5-103.
Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5; physical therapists; occupational therapists; day-care personnel; coroners; medical examiners; emergency medical services personnel, as such term is defined in Code Section 31-11-49; any person who has been certified as an emergency medical technician, cardiac technician, emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; employees of a public or private agency engaged in professional health related services to elder persons or disabled adults; and clergy members. Ga. Code Ann. § 30-5-4(a)(1)(A).
Any employee of a financial institution or investment company having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution or investment company while that employee is acting as a fiduciary, but only for such assets that the employee is holding or managing in a fiduciary capacity. Ga. Code Ann. § 30-5-4(a)(1)(B).
Financial Institution: Any bank; trust company; credit union; corporation licensed to engage in the business of selling payment instruments in this state; business development corporations; an international bank agency doing business in this state. Ga. Code Ann. § 7-1-4(21).
Investment Company: An individual or a corporation, a partnership, a limited liability corporation, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated that:
(A) Is engaged or proposes to engage in the business of effecting transactions in securities;
(B) Is engaged or proposes to engage in the business of issuing securities, or has been engaged in such business and has any certificates outstanding; or
(C) Is engaged or holds itself out to be in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities. Ga. Code Ann § 30-5-3(11).
Fiduciary: An executor, administrator, guardian, receiver, trustee, assignee for benefit of creditors, or one acting in a similar capacity. Ga. Code Ann. § 7-1-4(20).
Any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment advisor. Ga. Code Ann § 10-5-100(5).
Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services or has been the victim of abuse, neglect, or exploitation may report such information as provided in this Code section. Ga. Code Ann. § 30-5-4(a)(2).
Disabled Adult: A person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated; has Alzheimer’s disease, as defined in Code Section 31-8-180; or dementia, as defined in Code Section 49-6-72. Ga. Code. Ann § 30-5-3(5).
Elder Person: A person 65 years of age or older who is not a resident of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. Ga. Code. Ann § 30-5-3(6).
Eligible adult: A person 65 years of age or older; or a person 18 years of age or older who is mentally or physically incapacitated, has Alzheimer’s disease, or has dementia. Ga. Code. Ann § 10-5-100(3).
Yes.
Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil liability or criminal prosecution on account of such report or testimony or participation. Any financial institution or investment company, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil liability or criminal prosecution on account of such report or testimony or participation of its employee. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts. Ga. Code Ann.§ 30-5-4(a)(2).
** Senior Safe Act
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