(a) A financial institution shall report suspected financial abuse that is directed towards, targets, or is committed against an elder to the department of human services and the appropriate county police department if:

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Terms Used In Hawaii Revised Statutes 412:3-114.5

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
  • Personal property: All property that is not real property.
(1) In connection with providing financial services to the elder, the officer or employee of a financial institution:

(A) Has direct contact with the elder; or
(B) Reviews or approves the elder’s financial documents, records, or transactions; and
(2) The officer or employee, within the scope of employment or professional practice:

(A) Observes or has knowledge of an incident the officer or employee believes in good faith appears to be financial abuse; or
(B) In the case of officers or employers who do not have direct contact with the elder, has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record, or transaction.
(b) Suspected financial abuse shall be reported by telephone, facsimile, or electronic device, immediately or as soon as practicably possible, to the department and the appropriate county police department.
(c) Upon notification by a financial institution of suspected financial abuse, the department, in a timely manner, shall determine whether the department has jurisdiction over the elder involved and proceed in accordance with chapter 346.
(d) Upon notification by a financial institution of suspected financial abuse, the county police department, in a timely manner, shall proceed with a criminal investigation.
(e) Notwithstanding any other state law to the contrary, including but not limited to laws concerning confidentiality, any person, including a financial institution, who:

(1) Participates in the making of a report pursuant to this section; and
(2) Believes, in good faith, that the action is warranted by facts known to that person,

shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of the report. Any person making the report shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

(f) For the purposes of this section:

“Department” means the department of human services.

“Elder” means a person who is sixty-two years of age or older.

“Financial abuse” means to wrongfully take, appropriate, obtain, or retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property of an elder by any means, including undue influence, or with intent to defraud the elder.

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