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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: COM DPA 10-0-0-0 |
HB 2695: financially vulnerable adult; financial exploitation
Sponsor: Representative Livingston, LD 28
House Engrossed
Overview
Authorizes a financial institution to communicate with certain persons that a financially vulnerable adult is believed to be a victim or target of exploitation.
History
Adult Protective Services (APS) is a program within the DES Division of Aging and Adult Services and is responsible for investigating allegations of abuse, exploitation and neglect of vulnerable adults. The duties and responsibilities of APS workers include: 1) receiving reports of abused, exploited or neglected vulnerable adults; 2) receiving oral or written information indicating that an adult may be in need of protective services; 3) conducting evaluations to determine if an adult is in need of protective services and which services are needed; 4) offering protective services to individuals in need; and 5) filing petitions for guardianship or conservatorship of vulnerable adults (A.R.S. § 46-452).
A vulnerable adult is an individual who is 18 years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person (A.R.S. § 46-451).
Provisions
1. Requires a banking or financial professional to report abuse, neglect or exploitation of a vulnerable adult to a peace officer or to APS. (Sec. 1)
2. Allows a financial institution to offer the opportunity to financially vulnerable adults to submit and update a trusted contact. (Sec. 2)
3. Stipulates the financial institution may communicate with specified individuals if the institution has reasonable suspicion that a financially vulnerable adult is a victim or target of exploitation, excluding an individual who is suspected as the possible perpetrator of the alleged exploitation. (Sec. 2)
4. Exempts the information that is shared from any customer consent or customer notice requirements. (Sec. 2)
5. Allows the financial institution to provide specific exploitation training and provides criteria for the training. (Sec. 2)
6. Requires that a financial institution that provides exploitation training to:
a) retain copies of training materials;
b) maintain a list of trained employees with dates of training; and
c) provide training materials to the Department of Insurance and Financial Institutions on request. (Sec 2)
7. Stipulates the financial institution may report the behavior to APS or law enforcement if there is reasonable suspicion to believe that the financially vulnerable adult is being or may have been exploited. (Sec. 2)
8. Adds the financial institution must cooperate in any investigation and disclose financial records and information relevant to an investigation. (Sec. 2)
9. Provides immunity from any civil or administrative liability for actions taken or omission made in good faith and with reasonable care to financial institutions that provided training to its employees. (Sec. 2)
10. Specifies the provisions relating to a financially vulnerable adult providing a trusted contact do not create a cause of action against a financial institution. (Sec. 2)
11. Defines financial institution, financially vulnerable adult and trusted contact. (Sec. 2)
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15. HB 2695
16. Initials PB Page 0 House Engrossed
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