Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Mo. Rev. Stat. § 409.610.
Mo. Rev. Stat. § 409.605(8), (9).
Mo. Rev. Stat. § 192.2400(6).
Mo. Rev. Stat. § 409.620.
Mo. Rev. Stat. § 192.2430.
Mo. Rev. Stat. § 409.615(2)-(3).
(Mandated? Permissive?)
Any person if there is a likelihood of serious physical harm or bullying affecting property. (Mandated)
A person associated with a broker-dealer who serves in a supervisory, compliance, or legal capacity as part of his or her job. (Permissive)
(Y/N)
Yes, a person associated with a broker-dealer who serves in a supervisory, compliance, or legal capacity as part of his or her job may delay. Mo. Rev. Stat. § 409.615(1).
Any refusal of a disbursement as authorized by this section shall expire upon the sooner of: (1) The time when the broker-dealer or qualified individual reasonably believes that the disbursement will not result in financial exploitation of the qualified adult; or (2) Ten business days after the initial refusal of disbursement by the qualified individual. (1) A court of competent jurisdiction may enter an order extending the refusal of a disbursement or any other protective relief. (2) The commissioner of securities may enter an order extending the refusal of a disbursement or transaction for the time necessary to protect the qualified adult; or (3) The director of the department of health and senior services, after notifying the commissioner of securities, may enter an order to extend the refusal of a disbursement or transaction for the time necessary to protect the qualified adult. Mo. Rev. Stat. § 409.615(2)-(3).
Any person having reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm, or bullying as defined in subdivision (2) of section 192.2400, and is in need of protective services; and any adult day care worker, chiropractor, Christian Science practitioner, coroner, dentist, embalmer, employee of the departments of social services, mental health, or health and senior services, employee of a local area agency on aging or an organized area agency on aging program, emergency medical technician, firefighter, first responder, funeral director, home health agency, home health agency employee, hospital and clinic personnel engaged in the care or treatment of others, in-home services owner or provider, in-home services operator or employee, law enforcement officer, long-term care facility administrator or employee, medical examiner, medical resident or intern, mental health professional, minister, nurse, nurse practitioner, optometrist, other health practitioner, peace officer, pharmacist, physical therapist, physician, physician’s assistant, podiatrist, probation or parole officer, psychologist, social worker, or other person with the responsibility for the care of an eligible adult who has reasonable cause to suspect that the eligible adult has been subjected to abuse or neglect or observes the eligible adult being subjected to conditions or circumstances which would reasonably result in abuse or neglect. Notwithstanding any other provision of this section, a duly ordained minister, clergy, religious worker, or Christian Science practitioner while functioning in his or her ministerial capacity shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity. Mo. Rev. Stat. § 192.2405(1)(1)–(2).
If a qualified individual reasonably believes that financial exploitation of a qualified adult has occurred, has been attempted, or is being attempted, the qualified individual may notify the agencies. Mo. Rev. Stat. § 409.610.
Qualified Individual: A broker-dealer, investment adviser, or person associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of his or her job. Mo. Rev. Stat. § 409.605(9).
Eligible Adult: A person sixty years of age or older who is unable to protect his or her own interests or adequately perform or obtain services which are necessary to meet his or her essential human needs or an adult with a disability, between the ages of eighteen and fifty-nine who is unable to protect his or her own interests or adequately perform or obtain services which are necessary to meet his or her essential human needs. Mo. Rev. Stat. § 192.2400(6).
Qualified Adult: A person sixty years of age or older; or a prson who has a disability as defined in section 192.2005; and is between the ages of eighteen and fifty-nine. Mo. Rev. Stat. § 409.605(8).
Yes, if reporting under Mo. Rev. Stat. § 409.610, but no if reporting as “any person if there is bullying affecting property” under Mo. Rev. Stat. § 192.2405(1)(1).
Notwithstanding any other provision of law to the contrary, a broker-dealer, agent, or qualified individual who, in good faith and exercising reasonable care, complies with sections 409.610 or 409.615 shall be immune from any civil liability under those sections. Mo. Rev. Stat. § 409.620.
Any person, official or institution complying with the provisions of subdivision (2) of subsection 1 of section 192.2405 in the making of a report, or in cooperating with the department in any of its activities under section 192.2425, except any person, official or institution violating section 565.184, shall be immune from any civil or criminal liability for making such a report, or in cooperating with the department. Mo. Rev. Stat. § 192.2430.
** See Senior Safe Act
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