Vermont § 6915 - Access to financial information

§ 6915. Access to financial information

• (a) As used in this chapter: (1) “A person having custody or control of the financial information” means: (A) a bank as defined in 8 V.S.A. § 11101; (B) a credit union as defined in 8 V.S.A. § 30101; (C) a broker-dealer or investment advisor, as those terms are defined in 9 V.S.A. § 5102; or (D) a mutual fund as defined in 8 V.S.A. § 3461. (2) “Capacity” means an individual’s ability to make and communicate a decision regarding
  the issue that needs to be decided. (3) “Financial information” means an original or copy of, or information derived from: (A) a document that grants signature authority over an account held at a financial institution; (B) a statement, ledger card, or other record of an account held at a financial institution
  that shows transactions in or with respect to that account; (C) a check, clear draft, or money order that is drawn on a financial institution or issued
  and payable by or through a financial institution; (D) any item, other than an institutional or periodic charge, that is made under an agreement
  between a financial institution and another person’s account held at a financial institution; (E) any information that relates to a loan account or an application for a loan; (F) information pertaining to an insurance or endowment policy, annuity contract, contributory
  or noncontributory pension fund, mutual fund, or security, as defined in 9 V.S.A. § 5102; or (G) evidence of a transaction conducted directly or by electronic or telephonic means,
  including surveillance video, access logs, IP addresses, and any other digital logs,
  documents, and metadata. (4) “Financial institution” means any financial services provider licensed, registered,
  or otherwise authorized to do business in Vermont, including a bank, credit union,
  broker-dealer, investment advisor, mutual fund, or investment company. (b)(1) A person having custody or control of the financial information of a vulnerable adult
  shall make the information or a copy of the information available to an Adult Protective
  Services investigator upon receipt of the investigator’s written request or, in the
  instances described in subsections (d) and (e) of this section, upon receipt of a
  court order. (2) The request shall include a statement signed by the account holder, if the account
  holder has capacity, or the account holder’s guardian with financial powers or agent
  under a power of attorney consenting to the release of the information to the investigator. (c) If the vulnerable adult lacks capacity and does not have a guardian or agent, or if
  the vulnerable adult lacks capacity and the vulnerable adult’s guardian or agent is
  the alleged perpetrator, the request shall include a statement signed by the investigator
  asserting that all of the following conditions exist: (1) The account holder is an alleged victim of abuse, neglect, or financial exploitation. (2) The alleged victim lacks the capacity to consent to the release of the financial information. (3) Law enforcement is not involved in the investigation or has not requested a subpoena
  for the information. (4) The alleged victim will suffer imminent harm if the investigation is delayed while
  the investigator obtains a court order authorizing the release of the information. (5) Immediate enforcement activity that depends on the information would be materially
  and adversely affected by waiting until the alleged victim regains capacity. (6) The Commissioner has personally reviewed the request and confirmed that the conditions
  set forth in this subsection have been met and that disclosure of the information
  is necessary to protect the alleged victim from abuse, neglect, or financial exploitation. (d) If a guardian refuses to consent to the release of the alleged victim’s financial
  information, the investigator may seek review of the guardian’s refusal by filing
  a motion with the Probate Division of the Superior Court pursuant to 14 V.S.A. § 3062(c). (e) If an agent under a power of attorney refuses to consent to the release of the alleged
  victim’s financial information, the investigator may file a petition in Superior Court
  pursuant to 14 V.S.A. § 4016 to compel the agent to consent to the release of the alleged victim’s financial information. (f) If an agent under a power of attorney refuses to consent to the release of the alleged victim’s financial information, the investigator may file a petition in Superior Court pursuant to 14 V.S.A. § 4016 to compel the agent to consent to the release of the alleged victim’s financial information. (g) The person having custody or control of the financial information shall not require
  the investigator to provide details of the investigation to support the request for
  production of the information. (h) The information requested and released shall be used only to investigate the allegation
  of abuse, neglect, or financial exploitation or for the purposes set forth in subdivision 6911(b)(3) of this title and shall not be used against the alleged victim. (i) The person having custody or control of the financial information shall provide the
  information to the investigator as soon as possible but, absent extraordinary circumstances,
  not later than 10 business days following receipt of the investigator’s written request
  or receipt of a court order or subpoena requiring disclosure of the information. (j) A person who in good faith makes an alleged victim’s financial information or a copy
  of the information available to an investigator in accordance with this section shall
  be immune from civil or criminal liability for disclosure of the information unless
  the person’s actions constitute gross negligence, recklessness, or intentional misconduct.
  Nothing in this section shall be construed to provide civil or criminal immunity to
  a person suspected of having abused, neglected, or exploited a vulnerable adult. (Added 2015, No. 91 (Adj. Sess.), § 2, eff. May 10, 2016; amended 2023, No. 81, § 1, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 478, eff. July 1, 2024.)