Sec. 6. (a) If a qualified individual has reason to believe that financial exploitation of a financially vulnerable adult has occurred, has been attempted, or is being attempted, the qualified individual shall, as required by IC 12-10-3-9(a):

(1) make a report to an entity listed in IC 12-10-3-10(a); and

Terms Used In Indiana Code 23-19-4.1-6

  • Agent: means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. See Indiana Code 23-19-1-2
  • Commissioner: means the securities commissioner appointed under IC 23-19-6-1(a). See Indiana Code 23-19-1-2
  • financial exploitation: means the wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of a financially vulnerable adult. See Indiana Code 23-19-4.1-1
  • financially vulnerable adult: means an individual to whom one (1) or more of the following apply:

    Indiana Code 23-19-4.1-2.1

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • immediate family member: means a spouse, child, parent, or sibling. See Indiana Code 23-19-4.1-3
  • Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Indiana Code 23-19-1-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • qualified individual: means an individual associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of the individual's job. See Indiana Code 23-19-4.1-5
  • Trustee: A person or institution holding and administering property in trust.
(2) notify the commissioner.

     (b) After a qualified individual makes a report and provides notification under subsection (a), the qualified individual may, to the extent permitted under federal law, notify any of the following concerning the qualified individual’s belief:

(1) An immediate family member of the financially vulnerable adult.

(2) A legal guardian of the financially vulnerable adult.

(3) A conservator of the financially vulnerable adult.

(4) A trustee, cotrustee, or successor trustee of the account of the financially vulnerable adult.

(5) An agent under a power of attorney of the financially vulnerable adult.

(6) Any other person permitted under existing laws, rules, regulations, or customer agreement.

As added by P.L.39-2016, SEC.1. Amended by P.L.158-2017, SEC.9.