Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Colo. Rev. Stat. § 18-6.5-102(2.5), (3).
Colo. Rev. Stat. 11-51-1003(1)-(2).
Colo. Rev. Stat. 11-51-1002(2)(a)–(b), (6).
Colo. Rev. Stat. 11-51-1005(2)(a)-(b), (4).
(Mandated? Permissive?)
Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions. (Mandated)
Any sales representative, investment adviser representative, or person who serves in a supervisory, compliance, or senior investor protection capacity for a broker-dealer or investment adviser. (Mandated)
(Y/N)
Yes, a broker-dealer or investment advisor may delay. Colo. Rev. Stat. 11-51-1005(1).
Any delay of a disbursement as authorized by this section expires 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 adult; or (b) Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless the commissioner requests that the broker-dealer or investment adviser extend the delay. If a delay is requested, the delay expires no more than twenty-five business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated or extended by the commissioner or an order of a court of competent jurisdiction. Colo. Rev. Stat. 11-51-1005(2)(a)-(b).
Any person providing health care or health-care-related services, including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; or physical, occupational, musical, or other therapies; hospital and long-term care facility personnel engaged in the admission, care, or treatment of patients; first responders including emergency medical service providers, fire protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates; medical examiners and coroners; code enforcement officers; veterinarians; psychologists, addiction counselors, professional counselors, marriage and family therapists, and registered psychotherapists, as those persons are defined in article 43 of title 12, C.R.S.; social workers, as defined in part 4 of article 43 of title 12, C.R.S.; staff of community-centered boards; staff, consultants, or independent contractors of service agencies as defined in section 25.5-10-202 (34), C.R.S.; staff or consultants for a licensed or unlicensed, certified or uncertified, care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers; staff of, or consultants for, a home care placement agency, as defined in section 25-27.5-102 (5), C.R.S.; persons performing case management or assistant services for at-risk elders or at-risk adults with IDD; staff of county departments of human or social services; staff of the state departments of human services, public health and environment, or health care policy and financing; staff of senior congregate centers or senior research or outreach organizations; staff, and staff of contracted providers, of area agencies on aging, except the long-term care ombudsmen; employees, contractors, and volunteers operating specialized transportation services for at-risk elders and at-risk adults with IDD; court-appointed guardians and conservators; personnel at schools serving persons in preschool through twelfth grade; clergy members, with exceptions; personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions. Colo. Rev. Stat. § 18-6.5-108(1)(a)-(1)(b).
If a qualified individual, while acting within the scope of employment, reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or may be or is being attempted, the broker-dealer or investment adviser shall promptly notify the commissioner of securities. Colo. Rev. Stat. 11-51-1003(1).
Qualfied Individual: Any sales representative, investment adviser representative, or person who serves in a supervisory, compliance, or senior investor protection capacity for a broker-dealer or investment adviser. Colo. Rev. Stat. 11-51-1002(6).
At-Risk Adult With An Intellectual and Developmental Disability: A person who is eighteen years of age or older and is a person with an intellectual and developmental disability, as defined in Section 25.5-10-202(26)(a), C.R.S. Colo. Rev. Stat. § 18-6.5-102(2.5).
At-Risk Elder: Any person who is seventy years of age or older. Colo. Rev. Stat. § 18-6.5-102(3).
Eligible Adult: A person seventy years of age or older; or an individual eighteen years of age or older who is susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs. Colo. Rev. Stat. 11-51-1002(2)(a)–(b).
Yes.
A person, including but not limited to a person specified in paragraph (b) of subsection (1) of this section, who reports mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency pursuant to subsection (1) of this section is immune from suit and liability for damages in any civil action or criminal prosecution if the report was made in good faith. Colo. Rev. Stat. § 18-6.5-108(3).
A qualified individual who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to this section 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. Colo. Rev. Stat. 11-51-1003(2).
A broker-dealer or investment adviser who, in good faith and exercising reasonable care, complies with this section [delaying disbursements] is immune from any administrative or civil liability that might otherwise arise from the delay in a disbursement in accordance with this section. Colo. Rev. Stat. 11-51-1005(4).
** Senior Safe Act
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