Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
Neb. Rev. Stat. Ann. § 28-372(1).
Neb. Rev. Stat. Ann. § 28-371.
Neb. Rev. Stat. Ann. § 28-375.
Neb. Rev. Stat. Ann. § 8-2905(1), (4), (8).
Neb. Rev. Stat. Ann. 8-2906.
Neb. Rev. Stat. Ann. § 8-2908(1), (2), (4).
Financial Services Professionals
(Mandated? Permissive?)

A broker-dealer, investment adviser, agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. (Permissive)

Any other person. (Permissive)

State Report & Hold
(Y/N)

Yes, a broker-dealer or investment advisor may delay. Neb. Rev. Stat. Ann. § 8-2908(1).

Any delay of a transaction or disbursement as authorized by this section will expire upon the sooner of: (a) A determination by the broker-dealer or investment adviser that the transaction or 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 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 shall expire no more than thirty business days after the date on which the broker-dealer or investment adviser first delayed the transaction or disbursement of the funds unless sooner terminated by either of the agencies or by an order of a court of competent jurisdiction. Neb. Rev. Stat. Ann. § 8-2908(2).

Reporters

Any physician; psychologist; physician assistant; nurse; nursing assistant; other medical, developmental disability, or mental health professional; law enforcement personnel; caregiver or employee of a caregiver, operator or employee of a sheltered workshop; owner, operator, or employee of any facility licensed by the department; or human services professional or paraprofessional not including a member of the clergy. Neb. Rev. Stat. Ann. § 28-372(1).

Any other person may report abuse, neglect, or exploitation if such person has reasonable cause to believe that a vulnerable adult has been subjected to abuse, neglect, or exploitation or observes such adult being subjected to conditions or circumstances which reasonably would result in abuse, neglect, or exploitation. Neb. Rev. Stat. Ann. § 28-372(1).

If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is occurring or being attempted, the qualified person may notify the agencies (The Adult Protective Services Division of the Department of Health and Human Services and The Department of Banking and Finance). Neb. Rev. Stat. Ann. §§ 8-2905(1), 8-2906.

Qualified Person: Any broker-dealer, investment adviser, agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. Neb. Rev. Stat. Ann. § 8-2905(8).

Protected Individuals

Vulnerable Adult: Any person 18 years of age or older who has substantial mental or functional impairment or for whom a guardian has been appointed under the Nebraska Probate Code. Neb. Rev. Stat. Ann. § 28-371.

Eligible Adult: (a) A senior adult as defined in section 28-366.01; or (b) A vulnerable adult as defined in section 28-371. Neb. Rev. Stat. Ann. § 8-2905(4).

Financial Institutions-Immunity (Y/N)

Yes.

Any person participating in an investigation or the making of a report pursuant to the Adult Protective Services Act or participating in a judicial proceeding resulting therefrom shall be immune from any liability except (1) as otherwise provided in the Adult Protective Services Act, (2) for malfeasance in office or willful or wanton neglect of duty, or (3) for false statements of fact made with malicious intent. Neb. Rev. Stat. Ann. § 28-375.

Any qualified person that, in good faith and exercising reasonable care, complies with this section shall be immune from any administrative or civil liability that might otherwise arise from such delay or notification. Neb. Rev. Stat. Ann. § 8-2908(4).

** 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.