(a)        Any financial institution, or officer or employee thereof, having reasonable cause to believe that a disabled adult or older adult is the victim or target of financial exploitation shall report such information to the following:

(1)        Persons on the list provided by the customer under N.C. Gen. Stat. § 108A-114, if such a list has been provided by the customer. The financial institution may choose not to contact persons on the provided list if the financial institution suspects that those persons are financially exploiting the disabled adult or older adult.

(2)        The appropriate local law enforcement agency.

(3)        The appropriate county department of social services, if the customer is a disabled adult.

(b)        The report may be made orally or in writing. The report shall include the name and address of the disabled adult or older adult, the nature of the suspected financial exploitation, and any other pertinent information.

(c)        No financial institution, or officer or employee thereof, who acts in good faith in making a report under this section may be held liable in any action for doing so. ?(2013-337, s. 4.)

Terms Used In North Carolina General Statutes 108A-115

  • Customer: A person who is a present or former holder of an account with a financial institution. See North Carolina General Statutes 108A-113
  • Disabled adult: An individual 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in N. See North Carolina General Statutes 108A-113
  • Financial exploitation: The illegal or improper use of a disabled adult's or older adult's financial resources for another's profit or pecuniary advantage. See North Carolina General Statutes 108A-113
  • Financial institution: A banking corporation, trust company, savings and loan association, credit union, or other entity principally engaged in lending money or receiving or soliciting money on deposit. See North Carolina General Statutes 108A-113
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Law enforcement agency: Any duly accredited State or local government agency possessing authority to enforce the criminal statutes of North Carolina. See North Carolina General Statutes 108A-113
  • Older adult: An individual 65 years of age or older. See North Carolina General Statutes 108A-113
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