An Act To Prevent Elder and Dependent Adult Financial Abuse
Maine Legislature, Session 122, LD 1782
Committee: Insurance and Financial Services
Sponsors: MAYO

Legislative Document 
No. 1782 
S.P.699 
In Senate, December 30, 2005 
An Act To Prevent Elder and Dependent Adult Financial Abuse 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401. 
Presented by Senator MAYO of Sagadahoc. 
Cospo~"ored by Representative PERRY of Calais and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, BRYANT of Oxford, President EDMONDS of 
Cumberland, SULLIVAN of York, Representatives: BRAUTIGAM of Falmouth, BRYANT of 
Windham, CUMMINGS of Portland, GLYNN of South Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 9-B MRSA c.17 is enacted to read: 
CHAPTER 17 
REPORTIRG OF ELDER OR DEPENDENT ADULT FIRANCIAL ABUSE 
£l71. 
Short title 
This chapter may be 
known 
and cited as 
"the Elder 
and 
Dependent Adult Financial Abuse Reporting Act of 2006." 
§172. 
Reporting of suspected financial abuse of elder or 
dependent adult required 
~L--Q.efiJ)j,.tJons. 
As 
used 
in 
context 
otherwise 
indicates, 
the 
this 
chapter, 
unless 
following 
terms 
have 
th~ 
the 
following meanings. 
A. 
"Dependent adult" means 
a person 18 years of age or 
older and under 65 years of age who resides in this 
Sta~e 
and has physical or mental limitations that restrict the 
person's ability to 
carry 
out 
normal 
activities 
or 
to 
protect the person's rights, including, but not limited to, 
persons who have physical or developmental disabilities or 
whose physical or mental abilities have diminished because 
of age. 
B. 
"Elder" means any person residing in this State who is. 
years of age or older. 
C. 
"Financial abuse of an elder or a dependent adult" means 
that a person or entity: 
(l) 
Takes, secretes, appropriates or retains real or 
personal property of an elder or a dependent adult for 
a wrongful use or with intent to defraud, or both; or 
(2) 
Assists 
in taking, 
secreting, 
appropriating or 
retaining real or personal property of an elder or a 
dependent adult for a wrongful use or with intent to 
defraud, or both. 
A person or 
.QPpropriated 
among other 
appropriates 
faith. 
entity is 
deemed 
to have 
taken, 
secret~~ 
or retained property for 
a wrongful use if, 
things, the person or entity takes, secretes , 
or retains possession of the property in bad 
Page I-LR2560(1) 
• 
• 
.b~_son or 
entjj~y-is de~rned to have acted in ba~g,tth if 
the person or entity knew or should have known that the 
elder or dependent adult had the right to have the property 
transferred or 
made 
readily available 
to 
the 
elder or 
dependent 
adult 
or 
to 
the 
elder 
or 
dependent 
adult's 
representative. 
For purposes of this paragraph, 
"representative" means 
a 
person or entity that is either a conservator, trustee or 
other 
representative 
of 
the 
estate 
of 
an 
elder 
or 
a 
dependent adult or an attorney in-fact of an elder or a 
dependent adult who acts wi thin the authori ty of the power 
of attorney. 
D. 
"Financial institJJ.t_ion" means a credit union authoriz~ 
to do business in this State or a financial institution 
authorized to do business in this State . 
E. 
"Mandated DlllQrter of suspected financial abuse of an 
elder or a dependent adult" or "mandated reporter" means all 
officers and employees of financial institutions. 
F. 
"Suspected financial abuse of an elder or a dependent 
adult" means knowledge of or observation by a person who is 
reguired to report under subsection 2 behaviQr or unusual 
circumstances or transactions, or a pattern of behavior or 
unusual circumstances or transactions, that would lead an 
individual with like training or experience, based on the 
same facts, to form a reasonable belief that an elder or a 
dependent adult is the victim of financial abuse. 
2. 
Reporting re~ed. Any mandated reporter of suspected 
financial abuse of an elder or a dependent adult who has direct 
contact with the elder or dependent adult or who 
reviews or 
£Pproves 
the elder or dependent adult's financial 
documents, 
records or transactions in connection with providing financial 
services with respect to the elder or dependent adult and who, 
within 
the 
scope 
of that 
mandated 
reporter's 
employment 
or 
p~Q_fJL:;;J~.Jona~ractice~as observed 
or 
has 
knowledge 
of 
an 
incident that is directly related to the transaction or matter 
that is within that scope of employment or professional practice 
and that reasonably appears to be financial abuse or, in the case 
of a mandated reporter who does not have direct contact with the 
elder or dependent adult, 
who 
reasonably suspects that abuse 
based solely on the information before that mandated reporter at 
the 
time of 
reviewing or 
approving the 
document, 
record or 
transaction shall 
report the 
known 
or 
suspected instance of 
financial 
abuse 
by 
telephone 
immediately, 
or 
as 
soon 
as 
practicably possible, and by written report sent within 2 working 
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 ll-C or to 
a 
local 
law enforcement 
agency. 
5. 
Allegation not sufficie~~for ~~p'ortin~~yi~~~~nt~~ 
allegation by an elder or a dependent adult, or any other person, 
that financial abuse has occurred i~ot sufficient to triggtl 
the 
reporting requirement 
under this section if __ .QQ.th 
of 
the 
following conditions a~et. 
A. 
The mandated reporter is aware of no other corroboratin£ 
or independent evidence of the alleged financial abuse of 
the elder or dependent adult. The mandated rel,?Q!:ter is not 
required to investigate any accusations. 
B. 
In the exercise of the mandated reporter's --l1..DLfessioJ1al 
judgment, 
the 
mandated 
reporter 
reasonably believes 
that 
financial abuse of the elder or dependent adult did 
~~t 
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. 
• 
Fin~_~t.9-.AttQ:r.p.~y--~g:£al or Di~qict Atto~:tt~ 
The fine provided for in sUQsection 6 is recoverable only in a 
civil 
action 
brought 
against 
the 
financial_illstitJ)tion. 
An 
action may not be brought 
U:Dq~;u:_ this 
section~c;lJ1Y_J2 
__ e_rson other 
• 
" 
1'4 
2h 
lU 
:1 " 
_ L 
than 
the 
AttQLney 
Gen~~r a 
district attorney. 
Multiple 
actions for the fine may not be brought for the same violation. 
Nothing in this chapter may be construed to limit, expand or 
otherwise modify any civil liability or remedy that may exist 
under this or any other law. 
§173. 
Confidentiality 
_l-,,_ltepg,~t~L~Qnf~de.p.t,i~l. 
A report made pursuant to section 
is confidential and may be disclosed only as provided in 
subsection 2. 
A person who violates this section commits a Class 
E crime. 
2. 
Reports 
may 
be 
disclosed. 
Reports 
of 
suspected 
financial abuse of an elder or a dependent adult and information 
contained in those reports may be disclosed only to the following: 
~~~£sons or~gencies to whom disclosure of information or 
the identity of the reporting party is permitted; and 
B. 
Persons 
trained 
and 
qualified 
to 
serve 
on 
!J1J,l1~ i di ~Lip_l Ln a r y pe r sonne 1 t e aIT)~L_w,-"h=o--,m"-,-""a,*y_d=i-"s,-"c,-=l,-,o"-,s",-e",---_t",,o,,,--,o,,-,n=e= 
9gQt:Jl~r_j,llf,QI~_~ti_on~_mL_records that 
-",a,-"r,-,e~-,r,-,e~l~e-,-v-",a"-n"-,t~-,t~o,,,-----,t,,.h,,-,,e 
f'r_~V~Jltj,Qn1-_identific~t;jon _Q~ea~II!ent of financial __ ab_us~ 
'::lJ:',_S'J~~_r_lY_Q,r dependent ~rsons. 
kJ{Qgp~~ii_1?I_Q v i <ieiLj,JL~h is_1U'U: ag r aLLh , any mu It i dis c i P I iItgIY 
.1fJ~L:;;r,;>J1~1~~~m or agency_ that receives information pursuant 
tQ_J;,hiL~ru~J;_eL~J1l~.liLL_the same obligations and subje~Q 
tbiL)?am~confidentiality penalties as the person disclosing 
QX_JlLQvidill-9-- that information. The information obtained must 
be 
maintained 
in 
a 
manner 
that 
ensures 
the 
maximum 
PL~~ctiQn ~ivacy and confidentiality rights. 
3. 
Not 
construeg 
to 
allow 
certain disclosures. 
This 
section may not be construed to allow disclosure of any reports 
or records relevant to the reports of financial abuse of an elder 
QI~~~enQe~~~Qult i~~he disclosure would be prohibited by any 
othe~_~ovisions of 
state 
or 
federal 
law applicable 
to 
the 
re£QLt~_Qx __ records relevant to 
the reports of the financial 
i3,):lUse, 
nor~ it be constr_ued to prohibit the disclosure by a, 
financial institution of any reports or records relevant to 
th~ 
reports of financial abuse of an elder or a dependent adult if 
the disclosure would be required of a financial institution by 
otherwise applicable state or federal law or court order. 
§174~andQ~e.d repo~te~~~~~p~~~d financial abuse of 
elder or dependent adult not liable 
1. 
No liability. 
A mandated reporter or an employee of an 
adult protective services 
agency or 
a 
local 
law 
enforcement 
agency who reports a 
known or suspected instance of financiaJ, 
abuse of an elder or dependent adult is not civilly or criminally 
liable for any report required or authorized by this chapter. Any 
other person reporting a known or suspected instance of financial 
abuse of an elder or dependent adult may not incur civil or 
criminal liability as a result of any report authorized by this 
chapter unless it can be proven that a false report was made and 
the person knew that the report was false. A person required to 
make 
a 
report pursuant to this chapter, or any person taking 
pb~~aphs at that person's 
discretion, 
is 
not 
civilly or 
criminally liable 
for 
taking 
photographs 
of 
an 
elder 
or 
a 
dependent adult who is suspected to be the victim of financial 
abuse or for causing photographs to be taken of such a victim or 
for disseminating the photographs with the reports required by 
~his chapter. This section may not be construed to grant immunity 
from 
this 
liability with 
respect 
to 
any 
other 
use 
of 
the 
photographs. 
2. 
No liability for access. 
A mandated reporter or 
a)} 
employee of an adult protective services agency or a local law 
enforcement agency 
who, 
pursuant to 
a 
request 
from 
an adult 
protective services agency or 
a 
local 
law enforcement 
agency 
investigating a report of known or suspected financial abuse o( 
an elder or a dependent adult, provides the requesting agency 
with access to the elder or dependent adult who is 
known Or 
suspected to be the victim of that abuse is not civilly or 
criminally liable as a result of providing that access. 
§175. 
Adult protective services agency to report to law 
enforcement agency 
An adult protective services agency shall immediately, or as 
soon 
as 
practically 
possible I 
report 
by 
telephone 
to 
the 
Ql?propriate 
law 
enLQscement 
agency 
any 
known 
or 
s~ect~_d 
instance 
of 
criminal 
activity 
and 
to 
any 
public 
agency 
responsible for the investigation of cases of elder and dependent 
adult financial 
abuse. 
Prior 
to 
making 
any 
cross-report of 
allegations of financial abuse to law enforcement agencies, 
an 
adult protective services agency shall first determine whether 
there is reasonable suspicion of criminal activity. 
§176. 
De~a~tme~t of Health and Human Services to provide 
information 
The Department of Health and Human Services shall provide 
mandated 
reporters 
with 
instructional 
materials 
regarding 
financial 
abuse of 
an elder or 
a 
dependent adult and their 
• 
o~liqQ~ion to 
report under 
thi~hapter. At 
a 
minimum, 
the 
instructional materials must include the following: 
~E~_laJl~tiQn. 
An explanation of financial abuse of an 
elder or a dependent adult; 
2. 
Information Q~9w to ~ecognize. 
Information on how to 
recognize potential financial abuse of an elder or a dependent 
.Qdult; 
3. 
Information on investigations. 
Information on how the 
Department of Health and Human Services investigates reports of 
known or suspected financial abuse; and 
4. 
Instructions on how to report. 
Instructions on how to 
report known or suspected incidents of financial abuse, including 
the appropriate telephone 
numbers to call and what 
ty-pes of 
information would assist the Department of Health 
and 
Human 
Services with its investigation of the report. 
SUMMARY 
This 
bill 
requires 
officers 
and 
employees 
of 
financial 
institutions to report suspected financial abuse of an elder or a 
dependent adult.