Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
Click the state on the interactive map below or use the drop-down list
Mich. Comp. Laws Serv. § 400.11(b), (f).
Mich. Comp. Laws Serv. § 400.11c(1).
Mich. Comp. Laws Serv. § 487.2083(c), (i).
Mich. Comp. Laws Serv. § 487.2085(1), (2).
Mich. Comp. Laws Serv. § 487.2087(1)-(3).
Mich. Comp. Laws Serv. § 487.2089(4)-(5).
Mich. Comp. Laws Serv. § 125.2004(c).
(Mandated? Permissive?)
Any person. (Permissive)
(Y/N)
Yes, a financial institution may delay.
(1) Except as otherwise provided in this subsection, and subject to subsection (3), if a financial institution suspects or detects covered financial exploitation of a member or customer, the financial institution may delay the related transaction for further investigation or examination of available facts. Upon investigation or examination of available facts, if the financial institution still suspects or has detected covered financial exploitation of the member or customer, the financial institution may either continue the delay of related transactions under this subsection or place a freeze on any transactions or assets related to that member’s or customer’s accounts, individually or jointly held, as provided in this subsection. Any delay or freeze placed by the financial institution must be done according to the terms of any account or service agreement between the financial institution and the member or customer. If there is not an applicable account or service agreement between the financial institution and the member or customer, the financial institution may delay an individual transaction or place a freeze on any transactions or assets relative to that member’s or customer’s accounts, individually or jointly held, under this section for up to 10 business days, or according to the terms of any applicable court order. (2) If a financial institution is informed by a law enforcement agency or adult protective services under section 5(4) that suspected or detected covered financial exploitation that has been reported is under investigation, the financial institution may extend the term of a transaction delay or freeze until the financial institution is informed of the dismissal of the reported incident or the financial institution reasonably believes there is no continued risk of covered financial exploitation of the targeted individual, whichever is later. (3) A financial institution may provide for the processing of any transaction necessary to preserve the health, safety, or financial well-being of a member or customer during the period of a transaction delay or freeze, unless those transactions are related to the suspected covered financial exploitation or the financial institution is directed otherwise by court order. Mich. Comp. Laws Serv. § 487.2087(1)-(3).
A person who is employed, licensed, registered, or certified to provide health care, educational, social welfare, mental health, or other human services; an employee of an agency licensed to provide health care, educational, social welfare, mental health, or other human services; a law enforcement officer; or an employee of the office of the county medical examiner. Mich. Comp. Laws Serv. § 400.11a(1).
In addition to those persons required to make an oral report under subsection (1), any person who suspects that an adult has been abused, neglected, or exploited may make a report to the county department of social services of the county in which the abuse, neglect, or exploitation is suspected of having occurred. Mich. Comp. Laws Serv. § 400.11a(3).
Financial institution: A state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office in this state under the laws of this state or the United States. Mich. Comp. Laws Serv. § 125.2004(c).
Financial institution: A financial institution shall develop and implement a policy for training relevant employees to recognize signs of covered financial exploitation of members or customers of the financial institution, and for reporting that activity to a law enforcement agency or adult protective services. A policy described in this subsection must, at a minimum, include training on and procedures for reporting covered financial exploitation of vulnerable adults. Mich. Comp. Laws Serv. § 487.2085(1).
A financial institution is not required to make a report of suspected or detected covered financial exploitation under any policy adopted under subsection (1) if, after investigation or examination of available facts, the financial institution makes a determination that covered financial exploitation has not occurred or is not occurring and no action is necessary. Mich. Comp. Laws Serv. § 487.2085(2).
Covered Financial Exploitation: Financial exploitation of an individual through deception, manipulation, coercion, intimidation, or improper leveraging of a caregiver relationship. Mich. Comp. Laws Serv. § 487.2083(c).
Adult in Need of Protective Services or Adult: A vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited. Mich. Comp. Laws Serv. § 400.11(b).
Vulnerable: A condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age. Mich. Comp. Laws Serv. § 400.11(f).
Vulnerable Adult: An adult who, because of mental or physical impairment or advanced age, is unable to protect himself or herself from covered financial exploitation. Mich. Comp. Laws Serv. § 487.2083(i).
Yes.
A person acting in good faith who makes a report or who assists in the implementation of sections 11 to 11f is immune from civil liability that might otherwise be incurred by making the report or by assisting in the making of the report. A person making a report or assisting in the implementation of sections 11 to 11f is presumed to have acted in good faith. The immunity from civil liability extends only to an act performed under sections 11 to 11f and does not extend to a negligent act that causes personal injury or death. Mich. Comp. Laws Serv. § 400.11c(1).
(4) Except with regard to the examination and enforcement authority of the department of insurance and financial services or a federal regulatory agency described in subsection (1), (2), or (3), a financial institution and any of its employees, officers, directors, or affiliates are immune from any liability or penalty under law or regulation of this state or a local unit of government for an action, determination, omission, or process under this act or under a policy governed by this act. (5) There is no private right of action against a financial institution, or any of its employees, officers, directors, or affiliates, either in law or in equity, for an action, determination, omission, or practice under this act or under a policy governed by this act. Mich. Comp. Laws Serv. § 487.2089(4)-(5).
** See Senior Safe Act