This text of Nevada § 657.290 (Designated reporter: Designation; duty to report; authority to delay disbursement or transaction; expiration of delay; immunity; considerations in determining whether exploitation has occurred) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Each financial institution shall designate a person or persons to whom an officer or employee of the financial institution must report known or suspected exploitation of an older person or vulnerable person.
2. If an officer or employee reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter:
(a)Except as otherwise provided in subsection 3, shall report the known or suspected exploitation of the older person or vulnerable person to:
(1)The local office of the Aging and Disability Services Division of the Dep
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1. Each financial institution shall designate a person or persons to whom an officer or employee of the financial institution must report known or suspected exploitation of an older person or vulnerable person.
2. If an officer or employee reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter:
(a) Except as otherwise provided in subsection 3, shall report the known or suspected exploitation of the older person or vulnerable person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriff’s office;
(3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or
(4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services;
(b) Shall make such a report as soon as reasonably practicable; and
(c) May temporarily delay a requested disbursement from, or a requested transaction involving, an account of an older person or vulnerable person or an account to which an older person or vulnerable person is a beneficiary if the designated reporter:
(1) Not later than 2 business days after the date on which the requested disbursement or transaction is delayed:
(I) Provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, except a party who is reasonably believed to have engaged in the suspected exploitation; and
(II) Notifies the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a local law enforcement agency of the delay; and
(2) Notifies the local office of the Aging and Disability Services Division of the Department of Health and Human Services and the appropriate local law enforcement agency of any new information that is relevant to the delay within a reasonable time after becoming aware of the information.
3. If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.
4. In accordance with the provisions of subsection 3 of NRS 239A.070 , in making a report pursuant to this section, a designated reporter may:
(a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and
(b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.
5. A financial institution and any of its officers, employees and designated reporters are immune from civil, criminal and administrative liability arising from:
(a) Making a report in good faith pursuant to this section;
(b) Delaying a requested disbursement or transaction involving the known or suspected exploitation of an older person or vulnerable person pursuant to this section; or
(c) Taking any reasonable action which is:
(1) Performed in furtherance of a duty or authorization created by subsection 2, 3 or 4; and
(2) Based upon a reasonable belief that an older person or vulnerable person has been exploited.
6. Except as otherwise provided in this subsection and subsections 7 and 8, a delay in a requested disbursement or transaction authorized by paragraph (c) of subsection 2 expires 15 business days after the date on which the requested disbursement or transaction was delayed. If the local office of the Aging and Disability Services Division of the Department of Health and Human Services or a local law enforcement agency requests in writing that the designated reporter extend the delay, the delay expires upon the earlier of:
(a) Twenty-five business days after the date on which the requested disbursement or transaction was delayed; or
(b) Upon the written request of the local office of the Aging and Disability Services Division of the Department of Health and Human Services or the local law enforcement agency that requested the extension of the delay or upon the order of a court of competent jurisdiction.
7. A delay in a requested disbursement or transaction authorized by paragraph (c) of subsection 2 may expire before the period set forth in subsection 6 and the designated reporter may proceed with the requested disbursement or transaction if the designated reporter reasonably believes that the requested disbursement or transaction will not result in exploitation of the older person or vulnerable person.
8. A court of competent jurisdiction may issue an order extending a delay of a requested disbursement or transaction authorized by paragraph (c) of subsection 2 based on the petition of the local office of the Aging and Disability Services Division of the Department of Health and Human Services, a local law enforcement agency or any other interested party.
9. When determining whether an older person or vulnerable person has been exploited, a designated reporter may consider any of the following circumstances, if applicable and without limitation:
(a) A requested disbursement from, or a requested transaction involving, an account of an older person or vulnerable person or an account to which an older person or vulnerable person is a beneficiary that the older person or vulnerable person cannot explain;
(b) A request to close a certificate of deposit of an older person or vulnerable person that is made:
(1) Before the date of maturity of the certificate of deposit; and
(2) With apparent disregard for any penalty associated with closing the certificate of deposit before the date of maturity of the certificate of deposit;
(c) A check written by an older person or vulnerable person under suspicious circumstances;
(d) An uncharacteristic attempt by an older person or vulnerable person to initiate a wire transfer of a significant sum of money;
(e) A suspicious signature on documentation relating to an account of an older person or vulnerable person;
(f) A suspicious alteration to a:
(1) Trust to which an older person or vulnerable person is a beneficiary; or
(2) Will or trust for which an older person or vulnerable person is a testator or trustee;
(g) A suspicious alteration in a power of attorney relating to an older person or vulnerable person; and
(h) A person attempting to initiate a financial transaction on behalf of an older person or vulnerable person without proper documentation.