16 Hoosier Banker May 2015 COMPLIANCE CONNECTION Question: I believe that the daughter of one of our depositors is impermissibly taking money from her elderly father. Do I have an obligation to report my suspicions to the police? Is it a violation of the Gramm-LeachBliley Act (GLBA)1 to report my suspicions to the police? What is my liability for making a report, if my suspicions ultimately prove to be unfounded? Answer: According to the U.S. Department of Health and Human Services Administration on Aging, elder abuse includes, generally, “any knowing, intentional, or negligent act … that causes harm or a serious risk of harm to a vulnerable adult.”2 This broad definition would include the financial exploitation which you have described. Indiana imposes an affirmative obligation on all persons to report elder abuse and provides protection for persons who report elder abuse in the manner prescribed by law. The obligation to report elder abuse arises under the provisions of the Indiana Code relating to “Human Services” in Title 12, and the provisions relating to “Criminal Law and Procedure” in Title 35. Under Title 12, if a person believes, or has reason to believe, that another person is an “endangered adult,” the person has a duty to make a report to the (1) Indiana Adult Protective Services Unit, (2) a law enforcement agency, or (3) the Division of Aging via its statewide toll-free telephone number.3 For this purpose, an endangered adult means an individual who is: • At least 18 years of age; • Incapable by reason of mental illness, mental retardation, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care; and • Harmed or threatened with harm as a result of: - Neglect; - Battery; or - Exploitation of the individual’s personal services or property.4 If a person is presented with “evidence that, if presented to an individual of similar background and training, would cause the individual to believe that the adult is an endangered adult,” then the recipient of such evidence has a “reason to believe” that another person is an endangered adult and, thus, has an reporting obligation under Indiana law.5 Title 12 provides immunity from civil and criminal liability for a person reporting elder abuse, provided that the person makes the report in good faith and is not the person committing the abuse.6 Further, Title 12 prohibits employers from taking any adverse action against employees for filing a report of elder abuse, including, without limitation: discharging, demoting, transferring, or providing negative work evaluations for such employees.7 CONTACT BILL UELMEN AT 702.598.3738 OR VISIT WWW.KEY-STATE.COM TO LEARN MORE. THIS INDEPENDENT, COST EFFECTIVE SERVICE INCLUDES: DOES YOUR ASSET LIABILITY PROCESS MEET EFFECTIVE MANAGEMENT STANDARDS? KEY STATE’S ASSET LIABILITY MANAGEMENT PROCESS VALIDATION SERVICE WILL ENSURE THAT IT DOES. • RISK MANAGEMENT AND RELATED POLICY REVIEWS • ASSET LIABILITY COMMITTEE GOVERNANCE EVALUATION • ALM MODEL CONTROL AND ASSUMPTION DEVELOPMENT • REPORTING AND OUTCOME ANALYTICS
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