Mandatory reporting of suspected financial abuse of an elder
HRS §412:3-114.5
in effect412:3-114.5. Mandatory reporting of suspected financial abuse of an elder
(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:
(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.
[L 2007, c 94,
§2; am L 2013, c 216, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: https://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0412/HRS_0412-0003-0114_0005.htmFetched: 11/10/2026