Aged or incapacitated adults; financial exploitation, authority to refuse transactions. (SB1490)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patrons Del. Kaye Kory (D-Falls Church), and Sen. Jeremy McPike (D-Dale City)

Description

Financial exploitation of aged or incapacitated adults; authority to refuse transactions or disbursements. Authorizes financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds, regardless of whether such staff has reported suspected financial exploitation, if the financial institution staff (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department of social services or adult protective services hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult. The measure authorizes financial institution staff to continue to refuse to execute a transaction, delay a transaction, or refuse to disburse funds for not more than 30 business days after the date such transaction or disbursement was initially requested on the basis of such a good faith belief, unless otherwise ordered by a court. The measure authorizes such staff, to the extent permitted by law, to report any information or records relevant to an investigation. A financial institution and its staff are immune from civil or criminal liability, absent gross negligence or willful misconduct, for refusing to execute a transaction, delaying a transaction, or refusing to disburse funds pursuant to this measure. This bill incorporates SB 1175 and is identical to HB 1987. Read the Bill »

Outcome

History