Utah Code > Title 7 > Chapter 26 – Financial Exploitation Prevention Act

		Sections
Part 1	General Provisions	7-26-101 – 7-26-102
Part 2	General Prevention of Financial Exploitation	7-26-201 – 7-26-202
Part 3	Permitted Acts to Prevent Financial Exploitation of Vulnerable Adults	7-26-301 – 7-26-302
Part 4	Immunity	7-26-401

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Terms Used In Utah Code > Title 7 > Chapter 26 - Financial Exploitation Prevention Act

Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101
Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
Capital and surplus: means :
     (2)(a) shares;
     (2)(b) deposits;
     (2)(c) reserves; and
     (2)(d) undivided earnings. See Utah Code 7-9-3
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Clerk: includes a board of trustees under Title 17B, Chapter 1, Provisions Applicable to All Special Districts. See Utah Code 20A-1-1001
Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
     (5)(a) direct or exercise a controlling influence over:
          (5)(a)(i) the management or policies of a financial institution; or
          (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
     (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
Conviction: A judgement of guilt against a criminal defendant.
Covered financial institution: means any of the following that operate in the state:
     (2)(a) a state or federally chartered:
          (2)(a)(i) bank;
          (2)(a)(ii) savings and loan association;
          (2)(a)(iii) savings bank;
          (2)(a)(iv) industrial bank;
          (2)(a)(v) credit union;
          (2)(a)(vi) trust company; or
          (2)(a)(vii) depository institution; or
     (2)(b) a financial institution. See Utah Code 7-26-102
Credit union: means a cooperative, nonprofit association incorporated under:
(6)(a) Chapter 9, Utah Credit Union Act; or
(6)(b) Utah Code 7-1-103
Credit union service organization: means an entity:
(4)(a) that provides any of the services listed in Subsection 7-9-59(2); and
(4)(b) in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3
Deed: The legal instrument used to transfer title in real property from one person to another.
Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
     (8)(a) holds or receives deposits, savings, or share accounts;
     (8)(b) issues certificates of deposit; or
     (8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3
Devise: To gift property by will.
Discretionary voter registration agency: means each office designated by the county clerk to provide voter registration forms to the public. See Utah Code 20A-2-300.5
Division: means the State Library Division. See Utah Code 9-7-101
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Election judge: means a poll worker that is assigned to:
     (22)(a) preside over other poll workers at a polling place;
     (22)(b) act as the presiding election judge; or
     (22)(c) serve as a canvassing judge, counting judge, or receiving judge. See Utah Code 20A-1-102
Election officer: means :
     (23)(a) the lieutenant governor, for all statewide ballots and elections;
     (23)(b) the county clerk for:
          (23)(b)(i) a county ballot and election; and
          (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiduciary: A trustee, executor, or administrator.
Financial exploitation: means :
     (3)(a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or
     (3)(b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to:
          (3)(b)(i) obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or
          (3)(b)(ii) convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102
Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
Fraud: Intentional deception resulting in injury to another.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
Institution: means :
     (19)(a) a corporation;
     (19)(b) a limited liability company;
     (19)(c) a partnership;
     (19)(d) a trust;
     (19)(e) an association;
     (19)(f) a joint venture;
     (19)(g) a pool;
     (19)(h) a syndicate;
     (19)(i) an unincorporated organization; or
     (19)(j) any form of business entity. See Utah Code 7-1-103
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.
Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 7-26-102
Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101
Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
Member-business loan: means any loan, line of credit, or letter of credit, the proceeds of which will be used for:
          (8)(a)(i) a commercial purpose;
          (8)(a)(ii) other business investment property or venture purpose; or
          (8)(a)(iii) an agricultural purpose. See Utah Code 7-9-3
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
Municipality: means a city or town. See Utah Code 20A-1-102
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3
Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
Person: means :
     (27)(a) an individual;
     (27)(b) a corporation;
     (27)(c) a limited liability company;
     (27)(d) a partnership;
     (27)(e) a trust;
     (27)(f) an association;
     (27)(g) a joint venture;
     (27)(h) a pool;
     (27)(i) a syndicate;
     (27)(j) a sole proprietorship;
     (27)(k) an unincorporated organization; or
     (27)(l) any form of business entity. See Utah Code 7-1-103
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Petition: means one of the following written requests, signed by registered voters, appealing to an authority with respect to a particular cause:
     (3)(a) a local petition;
     (3)(b) a petition to consolidate two or more municipalities under Section 10-2-601;
     (3)(c) a petition for disincorporation of a municipality under Section 10-2-701;
     (3)(d) a petition to incorporate a proposed municipality under Section 10-2a-208;
     (3)(e) a petition to consolidate adjoining counties under Section 17-2-103;
     (3)(f) a petition to annex a portion of a county to an adjoining county under Section 17-2-203;
     (3)(g) a petition for the creation of a new county under Section 17-3-1;
     (3)(h) a petition for the removal of a county seat under Section 17-11-2;
     (3)(i) a petition for the adoption of an optional plan under Section 17-52a-303;
     (3)(j) a petition for the repeal of an optional plan under Section 17-52a-505;
     (3)(k) a petition to create a special district under Section 17B-1-203;
     (3)(l) a petition to withdraw an area from a special district under Section 17B-1-504;
     (3)(m) a petition to dissolve a special district under Section 17B-1-1303;
     (3)(n) a petition for issuance of local building authority bonds under Section 17D-2-502;
     (3)(o) a petition to become a registered political party under Section 20A-8-103;
     (3)(p) a nomination petition for municipal office under Section 20A-9-203;
     (3)(q) a nomination petition for a regular primary election under Subsection 20A-9-403(3)(a) and Section 20A-9-405;
     (3)(r) a petition for a political party to qualify as a municipal political party under Section 20A-9-404;
     (3)(s) a petition for the nomination of a qualified political party under Section 20A-9-408;
     (3)(t) a nomination petition for a candidate not affiliated with a political party under Section 20A-9-502;
     (3)(u) a nomination petition to become a delegate to a ratification convention under Section 20A-15-103;
     (3)(v) a petition to create a new school district under Section 53G-3-301;
     (3)(w) a petition to consolidate school districts under Section 53G-3-401;
     (3)(x) a petition to transfer a portion of a school district to another district under Section 53G-3-501;
     (3)(y) a petition to determine whether a privatization project agreement should be approved under Section 73-10d-4; or
     (3)(z) a statewide petition. See Utah Code 20A-1-1001
Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
Poll worker: includes election judges. See Utah Code 20A-1-102
Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
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}
Presidential Primary Election: means the election established in Chapter 9, Part 8, Presidential Primary Election. See Utah Code 20A-1-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Provisional ballot: means a ballot voted provisionally by a person:
     (55)(a) whose name is not listed on the official register at the polling place;
     (55)(b) whose legal right to vote is challenged as provided in this title; or
     (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
Public assistance agency: means each office in Utah that provides:
(2)(a) public assistance; and
(2)(b) state funded programs primarily engaged in providing services to people with disabilities. See Utah Code 20A-2-300.5
Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Qualified individual: means :
(5)(a) a branch manager of a covered financial institution; or
(5)(b) a director, officer, employee, agent, or other representative that a covered financial institution designates. See Utah Code 7-26-102
Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Savings and loan association: means :
(31)(a) a federal savings and loan association; and
(31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103
service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 7-9-3
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
State: means , unless the context demands otherwise:
     (33)(a) a state;
     (33)(b) the District of Columbia; or
     (33)(c) the territories of the United States. See Utah Code 7-1-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Substantially similar name: means :
          (5)(a)(i) the given name, the surname, or both, provided by the individual with the individual's petition signature, contain only minor spelling differences when compared to the given name and surname shown on the official register;
          (5)(a)(ii) the surname provided by the individual with the individual's petition signature exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is a commonly used abbreviation or variation of the other;
          (5)(a)(iii) the surname provided by the individual with the individual's petition signature exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is accompanied by a first or middle initial or a middle name which is not shown on the other record; or
          (5)(a)(iv) the surname provided by the individual with the individual's petition signature exactly matches the surname shown on the official register, and the given names differ only because one of the given names shown is an alphabetically corresponding initial that has been provided in the place of a given name shown on the other record. See Utah Code 20A-1-1001
Swear: includes "affirm. See Utah Code 68-3-12.5
Third party associated with a vulnerable adult: means an individual:
     (6)(a) who is a parent, spouse, adult child, sibling, or other known family member of a vulnerable adult;
     (6)(b) whom a vulnerable adult authorizes the financial institution to contact;
     (6)(c) who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; or
     (6)(d) who is an attorney, trustee, conservator, guardian or other fiduciary whom a court or a government agency selects to manage some or all of the financial affairs of the vulnerable adult. See Utah Code 7-26-102
Transaction: means any of the following services that a covered financial institution provides:
     (7)(a) a transfer or request to transfer or disburse funds or assets in an account;
     (7)(b) a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check;
     (7)(c) a request to negotiate a check or other negotiable instrument;
     (7)(d) a request to change the ownership of, or access to, an account;
     (7)(e) a request to sell or transfer a security or other asset, or a request to affix a medallion stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or transfer a security or other asset, if the person selling or transferring the security or asset is not required to obtain a license under Section 61-1-3;
     (7)(f) a request for a loan, extension of credit, or draw on a line of credit;
     (7)(g) a request to encumber any movable or immovable property; or
     (7)(h) a request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right. See Utah Code 7-26-102
Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
Trustee: A person or institution holding and administering property in trust.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Valid voter identification: means :
     (76)(a) a form of identification that bears the name and photograph of the voter which may include:
          (76)(a)(i) a currently valid Utah driver license;
          (76)(a)(ii) a currently valid identification card that is issued by:
               (76)(a)(ii)(A) the state; or
               (76)(a)(ii)(B) a branch, department, or agency of the United States;
          (76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;
          (76)(a)(iv) a currently valid United States passport; or
          (76)(a)(v) a currently valid United States military identification card;
     (76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:
          (76)(b)(i) a valid tribal identification card;
          (76)(b)(ii) a Bureau of Indian Affairs card; or
          (76)(b)(iii) a tribal treaty card; or
     (76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
          (76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;
          (76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;
          (76)(c)(iii) a certified birth certificate;
          (76)(c)(iv) a valid social security card;
          (76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;
          (76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;
          (76)(c)(vii) a currently valid Utah hunting or fishing license;
          (76)(c)(viii) certified naturalization documentation;
          (76)(c)(ix) a currently valid license issued by an authorized agency of the United States;
          (76)(c)(x) a certified copy of court records showing the voter's adoption or name change;
          (76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
          (76)(c)(xii) a currently valid identification card issued by:
               (76)(c)(xii)(A) a local government within the state;
               (76)(c)(xii)(B) an employer for an employee; or
               (76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or
          (76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
Voter: means an individual who:
     (79)(a) meets the requirements for voting in an election;
     (79)(b) meets the requirements of election registration;
     (79)(c) is registered to vote; and
     (79)(d) is listed in the official register book. See Utah Code 20A-1-102
Voter registration deadline: means the registration deadline provided in Section Utah Code 20A-1-102
Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
Vulnerable adult: means :
(8)(a) an individual who is 65 years old or older; or
(8)(b) the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5