Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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21-030-001 Vt. Code R. § 8-4(a)-(b), (e)(1)-(3), (f).
21-030-001 Vt. Code R. § 1-2(zz), (w)(1)-(2).
Vt. Stat. Ann. tit. 33, § 6902(14)
(Mandated? Permissive?)
Any agent, investment adviser representative or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. (Mandated)
Any other concerned person. (Permissive)
(Y/N)
Yes, a broker-dealer or investment advisor may delay. 21-030-001 Vt. Code R. § 8-4(e)(1).
Any delay of a disbursement as authorized by this section may continue only until 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 (15) business days after the date on which the broker-dealer or investment adviser first delayed 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 must expire no more than twenty-five (25) business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated by either of the agencies or an order of a court of competent jurisdiction. (3) A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief based on the petition of the commissioner, Adult Protective Services, the broker-dealer or investment adviser who initiated the delay under this subsection, or other interested party. 21-030-001 Vt. Code R. § 8-4(e)(2)-(3).
Any of the following, other than a crisis worker acting pursuant to 12 V.S.A. § 1614 and the State Long-Term Care Ombudsman or a representative of the Office, as defined in section 7501 of this title: all employees, contractors and grantees of the agency of human services who are involved in caregiving; a physician, osteopath, chiropractor or physician’s assistant, nurse, medical examiner, licensed nursing assistant, emergency medical services personnel, dentist, or psychologist; a school teacher, school librarian, school administrator, school guidance counselor, school aide, school bus driver, or school employee or school contractor who works regularly with students; a mental health professional, social worker, person or organization that offers, provides, or arranges for personal care for vulnerable adults, a caregiver employed by a vulnerable adult, employee of or contractor involved in caregiving for a community mental health center, law enforcement officer, and an individual who works regularly with vulnerable adults and who is an employee of an adult day care center, area agency on aging, senior center, or meal program designed primarily to serve vulnerable adults; a hospital, nursing home, residential care home, home health agency or any entity providing nursing or nursing related services for remuneration, intermediate care facility for adults with mental retardation, therapeutic community residence, group home, developmental home, school or contractor involved in caregiving, operator or employee of any of these facilities or agencies. Vt. Stat. Ann. tit. 33, § 6903(a).
Any other concerned person not listed in subsection (a) of this section who knows of or has received a complaint of abuse, neglect, or exploitation of a vulnerable adult or who has reason to suspect that any vulnerable adult has been abused, neglected, or exploited may report or cause a report to be made. Vt. Stat. Ann. tit. 33, § 6903(b).
If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual must promptly notify Adult Protective Services in the Vermont Department of Disabilities, Aging & Independent Living and the commissioner (collectively “the agencies”). 21-030-001 Vt. Code R. § 8-4(a).
Qualified Individual: Any agent, investment adviser representative or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. 21-030-001 Vt. Code R. § 1-2(zz).
Vulnerable Adult: Any person 18 years of age or older who: (a) is a resident of a facility required to be licensed under chapter 71 of this title; (b) is a resident of a psychiatric hospital or a psychiatric unit of a hospital; (c) has been receiving personal care services for more than one month from a home health agency certified by the Vermont department of health or from a person or organization that offers, provides, or arranges for personal care; or (d) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability: (i) that results in some impairment of the individual’s ability to provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or (ii) because of the disability or infirmity, the individual has an impaired ability to protect himself or herself from abuse, neglect, or exploitation. Vt. Stat. Ann. tit. 33, § 6902(14).
Eligible Adult: An individual sixty-five (65) years of age or older; or (2) An individual eighteen (18) years of age or older who the reporting person reasonably believes has a mental or physical impairment that renders the individual unable to protect his or her own interests. 21-030-001 Vt. Code R. § 1-2(w)(1)-(2).
Yes.
A qualified individual that in good faith and exercising reasonable care makes a disclosure of information pursuant to subsection (a) above is immune from administrative or civil liability that might otherwise arise from such disclosure or for any failure to notify the customer of the disclosure. 21-030-001 Vt. Code R. § 8-4(b).
A broker-dealer or investment adviser who, in good faith and exercising reasonable care, complies with subsection (e) above is immune from any administrative or civil enforcement by the Department that might otherwise arise from such delay in a disbursement in accordance with this section. 21-030-001 Vt. Code R. § 8-4(f).
** See Senior Safe Act