Elder Financial Abuse and State Mandatory Reporting Laws for Financial Institutions Prepared by CUNA s State Government Affairs
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1 Elder Financial Abuse and State Mandatory Reporting Laws for Financial Institutions Prepared by CUNA s State Government Affairs Overview Financial crimes and exploitation can involve the illegal or improper use of a senior citizen's funds, property or assets, as well as fraud or identity theft perpetrated against older adults. While exact statistics on how often financial crimes against the elderly occur are not available, it is widely believed to be underreported by the victims. Like the past few years, financial crimes and exploitation of the elderly continues to be a topic in statehouses across the nation as lawmakers consider legislation to prevent these crimes from occurring. This legislation particularly interests credit unions when it includes provisions designed to protect against the illegal or improper use of assets or property owned by a senior citizen. During the 2012 legislative session, fourteen states enacted elder financial abuse legislation (Arizona, California, Colorado, Delaware, Illinois, Iowa, Maryland, Michigan, Missouri, Nebraska, Oregon, Vermont, Washington and West Virginia). Similarly, during the 2013 legislative session, eighteen states enacted some form of elder financial abuse legislation. These states include Alabama, Arizona, California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Montana, New York, North Carolina, North Dakota, Washington and Virginia. Twenty-eight states addressed financial exploitation of the elderly and vulnerable adults in the 2014 legislative session. Seventeen bills were enacted in Delaware, Florida, Illinois, Iowa, Maryland, Massachusetts, Missouri, New Hampshire, Rhode Island, South Carolina, Tennessee, Utah, Washington and West Virginia. A summary of the elder financial abuse state mandatory reporting laws for financial institutions can be found below. State Mandatory Reporting Laws for Financial Institutions Alabama: Financial institutions not specified as reporters Adult Protective Services Law: Ala. Code through Alaska: Financial institutions not specified as reporters APS Law: Alaska Stat through Arizona:
2 Financial institutions not specified as reporters APS Law: Ariz. Rev. Stat. Ann through Arkansas: APS Law: Ark. Code Ann through California: APS Law: Cal. Welf. & Inst. Code through Colorado: Specifically lists financial institutions for mandatory reporting APS Law: Colo. Rev. Stat. Ann ; through Connecticut: APS Law: Conn. Gen. Stat. Ann. 17b-450 through 17b-461 Delaware: Specifically states any person has the duty to report; financial institutions must report within five days. APS Law: Del. Code Ann. tit. 31, 3901 through 3913 Florida:. APS Department must develop training for those listed as mandatory reporters. APS Law: Fla. Stat. Ann through Georgia: APS Law: Ga Code Ann through Hawaii: APS Law: Haw. Rev. Stat through Financial Institutions: Haw. Rev. Stat. 412: Idaho: Specifically lists financial institutions for voluntary reporting
3 Training must be made available to financial institutions APS Law: Idaho Code through Illinois: Specifically list financial institutions for mandatory training APS Law: 320 Ill. Comp. Stat. 20/1 through 20/14 Indiana: Specifically states that any person has a general duty to report APS Law: Ind. Code Ann through Iowa: Specifically lists financial institutions for voluntary reporting APS Law: Iowa Code Ann. 235B.1 through 235B.20 Kansas: Specifically lists officers of financial institutions as reporters APS Law: Kan. Stat. Ann through Kentucky: APS Law: Ky. Rev. Stat. Ann through Louisiana: APS Law: La. Rev. Stat. Ann. 15: :1511 Maine: APS Law: Me. Rev. Stat. Ann. tit. 22, 3470 through 3487 Maryland: Credit Unions listed as reporters APS Law: Md. Code Ann., Fam. Law through ; Md. Financial Institutions Code Ann , 1-301, Massachusetts:
4 APS Law: Mass. Gen. Laws Ann. ch. 19A, 14 through 26 Michigan: APS Law: Mich. Comp. Laws Ann through f Minnesota: Requires financial institution cooperation with officials investigating alleged abuse APS Law: Minn. Stat. Ann through Mississippi: APS Laws: Miss. Code Ann through Missouri: Missouri League worked with the State on voluntary training program: APS Law: Mo. Ann. Stat through Montana: Specifically states voluntary reporting by any person APS Law: Mont. Code Ann through Nebraska: APS Law: Neb. Rev. Stat through Nevada: APS Law: Nev. Rev. Stat. Ann through New Hampshire: APS Law: N.H. Rev. Stat. Ann. 161-F:42 through 161-F:57 New Jersey:
5 APS Law: N.J. Stat. Ann. 52:27D-406 through 52:27D-426 New Mexico: Civil immunity APS Law: N.M. Stat. Ann through New York: Silent on reporting for financial institutions Civil immunity for voluntary reporting APS Law: N.Y. Soc. Serv. Law, Art. 9B, 473 North Carolina: Financial institutions have a duty to report APS Law: N.C. Gen. Stat. 108A-99 through 108A-111 (108A-115) North Dakota: Silent on reporting for financial institutions; but others may report Civil immunity for voluntary reporting APS Law: N.D. Cent. Code through Ohio: APS Law: Ohio Rev. Code Ann through Oklahoma: APS Law: Okla. Stat. Ann. tit. 43A, through Oregon:. Legislation passed in 2012 and 2013 requires financial institutions to provide copies of financial records with an affidavit to law enforcement if a person is an alleged victim in an abuse investigation. APS Law: Or. Rev. Stat through Pennsylvania: Specifically states any person as reporters APS Law: 6 Pa. Code 15.1 Through Rhode Island: APS Law: R.I. Gen. Laws through
6 South Carolina: APS Law: S.C. Code Ann through South Dakota: Specifically lists any person for voluntary reporting APS Law: S.D. Codified Laws through Tennessee: APS Law: Tenn. Code Ann through Texas: APS Law: Tex. Hum. Res. Code Ann through Utah: APS Law: Utah Code Ann. 62A through 62A Vermont: APS Law: Vt. Stat. Ann. tit. 33, 6901 through 6941 Virginia: Specifically lists financial institutions for voluntary reporting APS Law: Va. Code Ann through Washington: Specifically list financial institutions for mandatory training and as permissive reporters Civil Immunity for reporting APS Law: Wash. Rev. Code through West Virginia: APS Law: W. Va Code through Wisconsin: Financial institution not listed as reporters
7 APS Law: Wis. Stat. Ann Wyoming: APS Law: Wyo. Stat. Ann through
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