Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
Cal. Welf. & lnst. Code § 15630(a).
Cal. Welf. & Inst. Code § 15630.1(a), (b),
Cal. Welf. & Inst. Code § 15630.2(a)(4), (j)(1)-(2)(A)-(B), (j)(4).
Cal. Welf. & Inst. Code § 15631(a)–(b).
Cal. Welf. & Inst. Code § 15610.27.
Cal. Welf. & Inst. Code § 15610.23(a)–(b).
Cal. Welf. & lnst. Code §15634(a).
Financial Services Professionals
(Mandated? Permissive?)

All officers and employees of financial institutions. (Mandated)

A broker-dealer or an investment adviser. (Mandated)

Any person who is not a mandated reporter. (Permissive)

State Report & Hold
(Y/N)

Yes, a broker-dealer or investment advisor may delay. Cal. Welf. & Inst. Code § 15630.2(j)(1).

Any delay of a requested disbursement or transaction authorized by this subdivision shall expire upon either of the following, whichever is sooner: (A) A determination by the mandated reporter that the requested disbursement or transaction will not result in financial abuse of the elder or dependent adult provided that the mandated reporter first consults with the local county adult protective services agency, local law enforcement agency, and the Department of Business Oversight, and receives no objection from those entities. (B) Fifteen business days after the date on which the mandated reporter first delayed the requested disbursement or transaction, unless the adult protective services agency, local law enforcement agency, or the Department of Business Oversight requests that the mandated reporter extend the delay, in which case the delay shall expire no more than 25 business days after the date on which the mandated reporter first delayed the requested disbursement or transaction, unless sooner terminated by the adult protective services agency, local law enforcement agency, the Department of Business Oversight, or an order of a court of competent jurisdiction. Cal. Wel. & Inst. Code § 15630.2(j)(2)(A)-(B).

Reporters

Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency. Cal. Welf. & lnst. Code § 15630(a).

All officers and employees of financial institutions. Cal. Welf. & Inst. Code § 15630.1(a).

Financial institutions: A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(c)); an institution-affiliated party, as defined in Section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(u)); a federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. Sec 1752), including, but not limited to, an institution-affiliated party of a credit union, as defined in Section 206(r) of the Federal Credit Union Act (12 U.S.C. Sec. 1786(r)). Cal. Welf. & Inst. Code § 15630.1(b).

A broker-dealer or an investment advisor. Cal. Welf. & Inst. Code § 15630.2(a)(4).

Any person who is not a mandated reporter under Section 15630, who knows, or reasonably suspects, that an elder or a dependent adult has been the victim of abuse may report that abuse to a long-term care ombudsman program or local law enforcement agency, or both the long-term care ombudsman program and local law enforcement agency when the abuse is alleged to have occurred in a long-term care facility. Any person who is not a mandated reporter under Section 15630, who knows, or reasonably suspects, that an elder or a dependent adult has been the victim of abuse in any place other than a long-term care facility may report the abuse to the county adult protective services agency or local law enforcement agency. Cal. Welf. & Inst. Code § 15631(a)–(b).

Protected Individuals

Elder: Any person residing in this state, 65 years of age or older. Cal. Welf. & Inst. Code § 15610.27.

Dependent Adult: Any state resident between the ages of 18 and 64 years and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age; including any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility. Cal. Welf. & Inst. Code § 15610.23(a)­–(b).

Financial Institutions-Immunity (Y/N)

Yes.

No care custodian, clergy member, health practitioner, mandated reporter of suspected financial abuse of an elder or dependent adult, or employee of an adult protective services agency or a local law enforcement agency who reports a known or suspected instance of abuse of an elder or dependent adult shall be civilly or criminally liable for any report required or authorized by this article. Cal. Welf. & lnst. Code §15634(a).

A mandated reporter of suspected financial abuse of an elder or dependent adult shall not be civilly liable for any temporary disbursement delay or transaction made in good faith and with reasonable care on an account pursuant to this subdivision. Cal. Welf. & Inst. Code § 15630.2(j)(4).

** 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.