Current through the 2024 Fourth Special Session
Section 7-26-401 - Immunity(1) A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution: (a) has no duty to act under this chapter to protect a vulnerable adult from financial exploitation by a third person; and(b) is immune from all criminal, civil, and administrative liability for not taking a permissive action under this chapter.(2) A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution who chooses to act as described in:(a) Subsection 7-26-201(2), is immune from all criminal, civil, and administrative liability for the act, unless the act is done in bad faith; and(b) Section 7-26-301 or 7-26-302, is immune from all criminal, civil, and administrative liability for the act, unless the act: (i) is done in bad faith; and(ii) causes pecuniary loss to a vulnerable adult suspected of being a victim of financial exploitation.(3) The immunity described in this section does not extend to an individual that is a principal, a conspirator, or an accessory after the fact to a criminal offense involving the financial exploitation of a vulnerable adult.Added by Chapter 228, 2020 General Session ,§ 7, eff. 5/12/2020.