HomeMy WebLinkAboutattachment F - AB 481
2019 Assembly Bill 481 and Senate Bill 429
Assembly Bill 481, relating to: financial exploitation of vulnerable adults
Analysis by the Legislative Reference Bureau This bill allows financial service providers to refuse or delay
financial transactions when financial exploitation of a vulnerable adult is suspected. The bill authorizes
financial service providers to take certain other actions to prevent or detect financial exploitation of
vulnerable adults. Under current law, upon receiving a report of alleged abuse, financial exploitation,
neglect, or self-neglect of any person age 60 or older who has experienced, is experiencing, or is at risk
of experiencing abuse, neglect, self-neglect, or financial exploitation (an elder adult at risk), the elder-
adult-at-risk agency in a county must respond by investigating or must refer the report to another
agency for investigation. Similarly, if the adult-at-risk agency in a county has reason to believe that an
adult who has a physical or mental condition that substantially impairs his or her ability to care for his or
her needs and who has experienced, is experiencing, or is at risk of experiencing abuse, neglect, self-
neglect, or financial exploitation (an adult at risk) is the subject of abuse, financial exploitation, neglect,
or self-neglect, the adult-at-risk agency may respond by investigating to determine whether the adult at
risk is in need of protective services.
property by deceiving or enticing the individual or by coercing the individual to give, sell at less than fair
value, or convey money or property against his or her will without his or her informed consent, and also
includes certain crimes such as theft and forgery.
Under this bill, if a financial service provider reasonably suspects that financial exploitation of an adult at
risk or an individual who is 60 years of age or older (together, vulnerable adult) has occurred or been
attempted, the financial service provider may, but is not required to, refuse or delay a financial
transaction on an account of the vulnerable adult or on which the vulnerable adult is a beneficiary or on
an account of a person suspected of perpetrating financial exploitation.
types of lenders, and check cashing services. In addition, a financial service provider may, but is not
required to, refuse or delay a financial transaction if an elder-adult-at-risk agency, adult-at-risk agency,
or law enforcement agency provides information to the financial service provider that financial
exploitation of a vulnerable adult may have occurred or been attempted. The bill requires certain notice
if a financial service provider refuses or delays a financial transaction under these circumstances and
establishes certain time limits applicable to the refusal or delay of the financial transaction. In addition,
the bill allows a financial service provider to refuse to accept a power of attorney of a vulnerable adult if
the financial service provider reasonably suspects that the vulnerable adult may be the victim of
financial exploitation. The bill also provides a process for a financial service provider to create a list of
persons that a vulnerable adult authorizes to be contacted if the financial service provider reasonably
suspects that the vulnerable adult is a victim of financial exploitation and authorizes the financial service
provider to convey its suspicions of financial exploitation to certain persons, including persons on this
list. Under the bill, a financial service provider is immune from criminal, civil, and administrative liability
for all of the following: 1) refusing or not refusing, or delaying or not delaying, a financial transaction; 2)
refusing to accept or accepting a power of attorney; 3) contacting a person or not contacting a person to
convey a suspicion of financial exploitation; and 4) any action based on a reasonable determination
related to the preceding items 1 to 3.