Montana § 30-10-341 - Third-Party Disclosure -- Immunity

§ 30-10-341. Third-Party Disclosure -- Immunity

Third-party disclosure -- immunity. (1) A qualified individual, investment adviser, investment adviser representative, or salesperson who reasonably believes that the financial exploitation of a vulnerable person is occurring, has or may have occurred, is being attempted, or has been or may have been attempted: (a) may notify: (i) a federal, state, or local law enforcement agency; (ii) the department of public health and human services provided for in 2-15-2201 or its local affiliate; or (iii) the commissioner; (b) may notify any third party reasonably associated with a vulnerable person. A third party reasonably associated with a vulnerable person includes but is not limited to the following: (i) a parent, spouse, adult child, sibling, or other known family member or close associate of a vulnerable person; (ii) an authorized contact provided by a vulnerable person to the qualified individual, investment adviser, investment adviser representative, or salesperson; (iii) a co-owner, additional authorized signatory, or beneficiary of a vulnerable person's account; and (iv) an attorney-in-fact, trustee, conservator, guardian, or other fiduciary who has been selected by a vulnerable person, a court, a government agency, or a third party to manage some or all of the financial affairs of the vulnerable person; (c) may not notify any third party reasonably associated with a vulnerable person of suspected financial exploitation if the qualified individual, investment adviser, investment adviser representative or salesperson believes the third party is, may be, or may have been engaged in the financial exploitation of the vulnerable person. (2) A qualified individual, investment adviser, investment adviser representative, or salesperson who, in good faith and exercising reasonable care, complies with this section is immune from administrative or civil liability that might otherwise arise from the disclosure.