Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
W. Va. Code Ann. § 9-6-9(a), (b).
W. Va. Code Ann. § 9-6-1(4), (9).
W. Va. Code Ann. § 9-6-12.
W. Va. Code Ann. § 32-6-602(2).
W. Va. Code Ann. § 32-6-603.
W. Va. Code Ann. § 32-6-604.
W. Va. Code Ann. § 32-6-607(a)-(b).
W. Va. Code Ann. § 32-6-608.
Financial Services Professionals
(Mandated? Permissive?)

A broker-dealer or investment advisor. (Mandated)

Any other person. (Permissive)

State Report & Hold
(Y/N)

Yes, a broker-dealer or investment advisor may delay. W. Va. Code Ann. § 32-6-607(a).

Any delay of a transaction or disbursement as authorized by this section expires upon the sooner of: (1) A determination by the broker-dealer or investment adviser that the disbursement will not result in 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 transaction or disbursement of the funds, unless either of the agencies requests that the broker-dealer or investment adviser extend the delay, in which case the delay expires when requested by an order of a court of competent jurisdiction. W. Va. Code Ann. § 32-6-607(b).

Reporters

Any medical, dental or mental health professional, Christian Science practitioner, religious healer, social service worker, law-enforcement officer, humane officer, state or regional ombudsman or any employee of any nursing home or other residential facility. W. Va. Code Ann. §9-6-9(a).

In addition to those persons and officials specifically required to report situations involving suspected abuse or neglect of an incapacitated adult or facility resident or the existence of an emergency situation, any other person may make such a report. W. Va. Code Ann. §9-6-9(b).

If a broker-dealer or investment adviser reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the broker-dealer or investment adviser shall promptly notify the agencies. W. Va. Code Ann. § 32-6-603.

Protected Individuals

Vulnerable Adult: Any person  over the age of 18, or an emancipated minor, who by reason of physical, mental or other infirmity is unable to independently carry on the daily activities of life necessary to sustaining life and reasonable healthand protection. W. Va. Code Ann. § 9-6-1(5).

Facility Resident: An individual living in a nursing home or other facility, as that term is defined in subdivision (9) of this section. W. Va. Code Ann. § 9-6-1(11).

Eligible Adult: A person 65 years of age or older or a person subject to §9-6-1 et seq. of this code. W. Va. Code Ann. § 32-6-602(2).

Financial Institutions-Immunity (Y/N)

Yes.

Any person who in good faith makes or causes to be made any report permitted or required by this article shall be immune from any civil or criminal liability which might otherwise arise solely out of making such report. W. Va. Code Ann. § 9-6-12.

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 603 of this article is immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the customer of the disclosure. W. Va. Code Ann. § 32-6-604.

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with §32-6-607 of this code is immune from any administrative or civil liability that might otherwise arise from the delay in a transaction or disbursement. W. Va. Code Ann. § 32-6-608.

** See Senior Safe Act

* Although care has been taken to ensure the accuracy and completeness of the information provided, EverSafe assumes no responsibility therefore and urges users of the information to check sources before use. Information is updated regularly and subject to change.
** On May 24, 2018, the Senior Safe Act was signed into law on a federal level as part of Economic Growth, Regulatory Relief, and Consumer Protection Act (Pub. Law No: 115-174). The Act is now codified at 12 USC § 3423. It extends immunity from liability to covered financial institutions who disclose suspected financial exploitation of adults 65 years and older to regulatory or law-enforcement agencies.
*** On February 5, 2018, FINRA Rule 2165 was adopted. Rule 2165 allows members to place temporary holds on disbursements of funds or securities from the accounts of a person 1) age 65 or older or 2) 18 years or older who the member reasonably believes has a mental or physical impairment that renders the individual unable to protect his or her own interests, if the member reasonably believes that financial exploitation of the person has occurred, is occurring, has been attempted, or will be attempted.