Montana Code Annotated 2023

TITLE 32. FINANCIAL INSTITUTIONS

CHAPTER 1. BANKS AND TRUST COMPANIES

Part 15. Financial Institutions -- Preventing Financial Exploitation

Notices

32-1-1502. Notices. (1) A covered financial institution may notify any covered agency if the covered financial institution believes that the financial exploitation of a vulnerable adult is occurring, has or may have occurred, is being attempted, or has been or may have been attempted.

(2) A covered financial institution may notify any third party reasonably associated with a vulnerable adult if the covered financial institution believes that the financial exploitation of a vulnerable adult is occurring, has or may have occurred, is being attempted, or has been or may have been attempted. A third party reasonably associated with a vulnerable adult includes but is not limited to the following:

(a) a parent, spouse, adult child, sibling, or other known family member or close associate of a vulnerable adult;

(b) an authorized contact provided by a vulnerable adult to the covered financial institution;

(c) a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; and

(d) an attorney-in-fact, trustee, conservator, guardian, or other fiduciary who has been selected by the vulnerable adult, a court, a governmental agency, or a third party to manage some or all of the financial affairs of the vulnerable adult.

(3) A covered financial institution may choose not to notify any third party reasonably associated with a vulnerable adult of suspected financial exploitation of the vulnerable adult if the covered financial institution believes the third party is, may be, or may have been engaged in the financial exploitation of the vulnerable adult.

(4) A covered financial institution shall make a reasonable effort, at least annually, to notify the appropriate employees of the covered financial institution of their ability to report potential financial exploitation of a vulnerable adult to personnel within the covered financial institution.

History: En. Sec. 2, Ch. 241, L. 2019; amd. Sec. 3, Ch. 12, L. 2023.