Michigan Laws 487.2087 – Investigations; delay or freeze on transactions; exception
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Terms Used In Michigan Laws 487.2087
- Adult protective services: means the office, division, or unit under the department of health and human services that is charged with investigation of abuse, neglect, or exploitation of vulnerable persons under the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 487.2083
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Covered financial exploitation: means financial exploitation of an individual through deception, manipulation, coercion, intimidation, or improper leveraging of a caregiver relationship. See Michigan Laws 487.2083
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Financial exploitation: means either of the following:
(i) A fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual who uses or attempts to use the financial resources of another individual for monetary or personal benefit, profit, or gain. See Michigan Laws 487.2083Financial institution: means a financial institution as defined in section 4 of the Michigan strategic fund act, 1984 PA 270, MCL 125. See Michigan Laws 487.2083 Law enforcement agency: means a police agency of a city, village, township, or county or the Michigan state police. See Michigan Laws 487.2083
(1) Except as otherwise provided in this subsection, and subject to subsection (3), if a financial institution suspects or detects covered financial exploitation of a member or customer, the financial institution may delay the related transaction for further investigation or examination of available facts. Upon investigation or examination of available facts, if the financial institution still suspects or has detected covered financial exploitation of the member or customer, the financial institution may either continue the delay of related transactions under this subsection or place a freeze on any transactions or assets related to that member’s or customer’s accounts, individually or jointly held, as provided in this subsection. Any delay or freeze placed by the financial institution must be done according to the terms of any account or service agreement between the financial institution and the member or customer. If there is not an applicable account or service agreement between the financial institution and the member or customer, the financial institution may delay an individual transaction or place a freeze on any transactions or assets relative to that member’s or customer’s accounts, individually or jointly held, under this section for up to 10 business days, or according to the terms of any applicable court order.
(2) If a financial institution is informed by a law enforcement agency or adult protective services under section 5(4) that suspected or detected covered financial exploitation that has been reported is under investigation, the financial institution may extend the term of a transaction delay or freeze until the financial institution is informed of the dismissal of the reported incident or the financial institution reasonably believes there is no continued risk of covered financial exploitation of the targeted individual, whichever is later.
(3) A financial institution may provide for the processing of any transaction necessary to preserve the health, safety, or financial well-being of a member or customer during the period of a transaction delay or freeze, unless those transactions are related to the suspected covered financial exploitation or the financial institution is directed otherwise by court order.