18.3 Senior & Vulnerable Adult Protection
Protecting senior investors and vulnerable adults from financial exploitation is a critical regulatory priority. NASAA and FINRA have established specific rules to help firms identify and respond to suspected exploitation.
NASAA Model Act to Protect Vulnerable Adults
The NASAA Model Act provides a framework for states to adopt rules protecting seniors and vulnerable adults from financial exploitation.
Key Definitions
Eligible Adult: Person 65+ OR person subject to state adult protective services
Financial Exploitation: Wrongful taking, withholding, or misuse of funds/assets
Qualified Individual: Adviser, IAR, or person authorized to transact on client accounts
Trusted Contact Person: Person designated by client to be contacted in case of concerns
Adoption by States
As of 2026, most states have adopted the Model Act. NASAA's review found the Model Act has been "overwhelmingly successful" at protecting investors.
Trusted Contact Person
Purpose
A trusted contact is a resource for the firm when:
- Financial exploitation is suspected
- Client shows signs of diminished capacity
- Client cannot be reached about account activity
- There are concerns about the client's welfare
Key Points
Separate from POA: Not the same as power of attorney; no trading authority
Multiple Contacts: Clients may designate more than one trusted contact
Voluntary: Designation is encouraged but not mandatory
Can Be Changed: Client may add, change, or remove at any time
Information Only: Firm may share limited information; contact has no account authority
When to Contact
Firms may contact the trusted contact person to:
- Confirm client's contact information
- Inquire about client's health status
- Identify legal guardian, executor, or agent with authority
- Discuss concerns about possible exploitation
Temporary Holds on Disbursements
When Permitted
A firm may delay a disbursement from a client's account when:
Reasonable Belief: Reasonably believes financial exploitation has occurred, is occurring, or will be attempted
Affected Individual: Disbursement would affect eligible adult (65+ or subject to APS)
Documentation: Must document the basis for the hold
Notification: Must notify trusted contact person (if available)
Duration of Holds
Initial Hold: Up to 15 business days; Internal review; notify trusted contact
Extension: Additional 10 business days; Request from regulator or APS
Court Order: Longer if ordered; Court must authorize any further extension
FINRA Rule 2165
FINRA Rule 2165 (Financial Exploitation of Specified Adults) aligns with NASAA, permitting:
- Holds on disbursements
- Holds on securities transactions (in some cases)
- Up to 25 business days total hold period
- Required notification to trusted contact
Red Flags for Financial Exploitation
Signs of Potential Exploitation
Behavioral Changes: Sudden changes in financial behavior or patterns
Unusual Transactions: Large withdrawals, new payees, wire transfers to unknown recipients
Third-Party Involvement: New "friends," caregivers, or advisers making decisions
Client Confusion: Inability to explain recent transactions or account changes
Fear or Anxiety: Reluctance to discuss finances, signs of being coached
Physical Signs: Missing documents, changes in appearance or hygiene
Signs of Diminished Capacity
Memory Issues: Forgetting conversations, repeating questions
Confusion: Difficulty with time, place, or basic calculations
Decision-Making: Inconsistent or irrational financial decisions
Communication: Difficulty processing information or expressing thoughts
Emotional Changes: Unusual emotional responses, mood swings
Reporting Requirements
Mandatory Reporting (Many States)
Qualified individuals who reasonably believe exploitation has occurred, been attempted, or is being attempted must:
- Promptly notify Adult Protective Services
- Promptly notify state securities regulator
- Maintain documentation of observations and actions
Safe Harbor Protections
Good Faith Reports: Protected from liability for reporting suspected exploitation
Reasonable Holds: Protected for placing holds based on reasonable belief
Trusted Contact Communications: Protected for sharing information with trusted contact
Documentation Requirements
Observations: Document warning signs and concerns
Actions Taken: Steps taken in response to concerns
Communications: Contacts with trusted person, APS, regulators
Hold Records: Basis for hold, duration, resolution
Best Practices
Proactive Measures
- Request trusted contact designation early in relationship
- Document client's baseline cognitive function and behavior
- Train all staff on warning signs of exploitation and diminished capacity
- Establish clear procedures for escalating concerns
- Review accounts of senior clients more frequently
When Concerns Arise
1. Don't ignore warning signs
2. Document observations immediately
3. Involve compliance department
4. Contact trusted person if appropriate
5. Consider placing temporary hold
6. Report to APS and/or regulator when required
7. Protect client assets while investigation proceeds
On the Exam: Know that temporary holds can be placed for up to 15 business days (with possible 10-day extension) when exploitation is suspected. The trusted contact is NOT the same as power of attorney - the trusted contact has no authority over the account.
Key Takeaways
- Trusted contact persons provide additional protection layer
- Firms may place temporary holds (15 business days) on suspicious disbursements
- Extension possible with regulatory notification (additional 10 days)
- Mandatory reporting requirements exist in many states
- Safe harbor protections for good-faith actions
- Documentation of all observations and actions is essential