Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
6 P.A. Code § 15.21(a).
6 P.A. Code § 15.22(b).
35 Pa. Stat. Ann. § 10225.302(a), (d).
35 Pa. Stat. Ann. § 10225.103.
35 Pa. Stat. Ann. § 10210.302(a).
35 Pa. Stat. Ann. § 10210.103.
Financial Services Professionals
(Mandated? Permissive?)

A person/Any person. (Permissive)

State Report & Hold
(Y/N)

No.

Reporters

A person who has reasonable cause to believe that an older adult needs protective services may report this to the local provider of protective services. An area agency on aging shall publicize, on an ongoing basis, the name, address and phone number of the agency where reports are to be made. 6 P.A. Code § 15.21(a).

Any person having reasonable cause to believe that an older adult is in need of protective services may report such information to the agency which is the local provider of protective services. 35 Pa. Stat. Ann. § 10225.302(a).

A person having reasonable cause to believe that an adult is in need of protective services may report such information to the agency. Where applicable, reports shall comply with the provisions of Chapter 5. 35 Pa. Stat. Ann. § 10210.302(a).

Protected Individuals

Recipient: An individual who receives care, services or treatment in or from a facility. 35 Pa. Stat. Ann. § 10225.103

Older Adult: A person within the jurisdiction of the Commonwealth who is 60 years of age or older. 35 Pa. Stat. Ann. 10225.103.

Recipient: An individual who receives care, services or treatment in or from a facility. 35 Pa. Stat. Ann. § 10225.103

Older Adult: A person within the jurisdiction of the Commonwealth who is 60 years of age or older. 35 Pa. Stat. Ann. 10225.103

Adult: A resident of this Commonwealth between 18 and 59 years of age who has a physical or mental impairment that substantially limits one or more major life activities. 35 Pa. Stat. Ann. § 10210.103.

Adult in Need of Protective Servics: An adult who needs the assistance of another person to obtain protective services in order to prevent imminent risk to person or property. 35 Pa. Stat. Ann. § 10210.103.

Financial Institutions-Immunity (Y/N)

Yes.

A person who participates in the making of a report or completion of an investigation or who provides testimony in an administrative or judicial proceeding arising out of a report shall be immune from civil or criminal liability because of these actions unless the person acted in bad faith or with malicious purpose. The act does not extend this immunity to liability for acts of abuse, neglect, exploitation or abandonment, even if the acts are the subject of the report or testimony. 6 P.A. Code § 15.22(b).

Any person participating in the making of a report or who provides testimony in any administrative or judicial proceeding arising out of a report shall be immune from any civil or criminal liability on account of the report or testimony unless the person acted in bad faith or with malicious purpose. This immunity shall not extend to liability for acts of abuse, neglect, exploitation or abandonment, even if such acts are the subject of the report or testimony. 35 Pa. Stat. Ann. § 10225.302(d).

** 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.