Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
Wash. Rev. Code Ann. § 74.34.020(13), (16), (21).
Wash. Rev. Code Ann. § 74.34.220(5).
Wash. Rev. Code Ann. § 74.34.215(1)-(3), (5)-(7).
Financial Services Professionals
(Mandated? Permissive?)

An employee of a financial institution. (Permissive)

State Report & Hold
(Y/N)

Yes, a financial institution may delay. Wash. Rev. Code Ann. § 74.34.215(1)-(3).

Any refusal to disburse funds as authorized by this section based on the reasonable belief of a financial institution that financial exploitation of a vulnerable adult may have occurred, may have been attempted, or is being attempted will expire upon the sooner of: (a) Ten business days after the date on which the financial institution first refused to disburse the funds if the transaction involved the sale of a security or offer to sell a security, as defined in RCW 21.20.005, unless sooner terminated by an order of a court of competent jurisdiction; (b) Five business days after the date on which the financial institution first refused to disburse the funds if the transaction did not involve the sale of a security or offer to sell a security, as defined in RCW 21.20.005, unless sooner terminated by an order of a court of competent jurisdiction; or (c) The time when the financial institution is satisfied that the disbursement will not result in financial exploitation of a vulnerable adult. (6) A court of competent jurisdiction may enter an order extending the refusal by the financial institution to disburse funds based on a reasonable belief that financial exploitation of a vulnerable adult may have occurred, may have been attempted, or is being attempted. A court of competent jurisdiction may also order other protective relief as authorized by RCW 7.40.010 and 74.34.130. Wash. Rev. Code Ann. § 74.34.215(5)-(6).

Reporters

An employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW. Wash. Rev. Code Ann. § 74.34.020(13).

Any person, including, but not limited to, an employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults. Wash. Rev. Code Ann. § 74.34.020(16).

Protected Individuals

Vulnerable adult: A person who is: (a) sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or (b) subject to a guardianship under RCW 11.130.265 or adult subject to conservatorship under RCW 11.130.360; or (c) who has a developmental disability as defined under RCW 71A.10.020; or (d) admitted to any facility; or (e) receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or (f) receiving services from an individual provider; or (g) who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW. Wash. Rev. Code Ann. § 74.34.020(21).

Financial Institutions-Immunity (Y/N)

Yes.

A financial institution or employee of a financial institution participating in good faith in making a report or providing documentation or access to information to the department, law enforcement, or the prosecuting attorney’s office under this chapter shall be immune from criminal, civil, or administrative liability. Wash. Rev. Code Ann. § 74.34.220(5).

A financial institution or an employee of a financial institution is immune from criminal, civil, and administrative liability for refusing to disburse funds or disbursing funds under this section and for actions taken in furtherance of that determination if the determination of whether or not to disburse funds was made in good faith. Wash. Rev. Code Ann. § 74.34.215(5)-(6).

** 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.