LD 1782
pg. 3
Page 2 of 6 An Act To Prevent Elder and Dependent Adult Financial Abuse Page 4 of 6
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LR 2560
Item 1

 
days to the local adult protective services agency or the local law
enforcement agency.

 
3.__Two or more mandated reporters.__When 2 or more mandated
reporters jointly have knowledge of or reasonably suspect that
financial abuse of an elder or a dependent adult for which a
report under subsection 2 is mandated has occurred, and when the
mandated reporters are in agreement, the telephone report may be
made by a member of the reporting team who is selected by mutual
agreement. A single report may be made and signed by the selected
member of the reporting team. Any member of the team who has
knowledge that the member designated to report has failed to do
so shall thereafter make that report.

 
4.__Elder or dependent adult resides in long-term care
facility.__If the mandated reporter under subsection 2 knows that
the elder or dependent adult resides in a long-term care
facility, the report under subsection 2 must be made to the long-
term care ombudsman or a designee pursuant to Title 22, section
5106, subsection 11-C or to a local law enforcement agency.

 
5.__Allegation not sufficient for reporting requirement.__An
allegation by an elder or a dependent adult, or any other person,
that financial abuse has occurred is not sufficient to trigger
the reporting requirement under this section if both of the
following conditions are met.

 
A.__The mandated reporter is aware of no other corroborating
or independent evidence of the alleged financial abuse of
the elder or dependent adult. The mandated reporter is not
required to investigate any accusations.

 
B.__In the exercise of the mandated reporter's professional
judgment, the mandated reporter reasonably believes that
financial abuse of the elder or dependent adult did not
occur.

 
6.__Failure to report.__A person who fails to report financial
abuse under this section commits a civil violation for which a
fine of not more than $1,000 may be adjudged or, if the failure
to report is willful, a civil violation for which a fine of not
more than $5,000 may be adjudged.__A financial institution that
is the employer of the mandated reporter shall pay a fine
adjudged under this subsection to the party bringing the action.

 
7.__Fine payable to Attorney General or District Attorney.__
The fine provided for in subsection 6 is recoverable only in a
civil action brought against the financial institution.__An
action may not be brought under this section by any person other


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