32-1-1504. Immunity. (1) (a) A covered financial institution and its directors, officers, employees, attorneys, accountants, agents, and other representatives have no duty to act pursuant to this part or otherwise to protect an older person or a person with a developmental disability from financial exploitation by a third person.
(b) A covered financial institution and its directors, officers, employees, attorneys, accountants, agents, and other representatives are immune from all criminal, civil, and administrative liability for not taking action pursuant to this part.
(c) A covered financial institution and its directors, officers, employees, attorneys, accountants, agents, or other representatives who choose to act pursuant to the authority granted in this part are immune from all criminal, civil, and administrative liability for any act taken pursuant to this part unless the act of the financial institution or its representatives was done in bad faith and caused pecuniary loss to an older person or a person with a developmental disability who was suspected of being a victim of financial exploitation.
(2) The immunity provided for in this section may not extend to any individual in a case when the individual is a principal, a conspirator, or an accessory after the fact to a criminal offense involving the financial exploitation of an older person or a person with a developmental disability.
History: En. Sec. 4, Ch. 241, L. 2019.
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