accounts designated in subsection (a) if an area agency on aging
or law enforcement official requests the financial institution
or fiduciary to do so or provides information to the financial
institution or fiduciary demonstrating that it is reasonable to
believe that financial exploitation of an older adult may have
occurred, may have been attempted or is being attempted.
(c) Discretion.--A financial institution or fiduciary is not
required to refuse to disburse money or engage in a transaction
as authorized under subsection (a) or (b), but may use its sole
discretion to determine whether to refuse to disburse money
based on the information available to the financial institution
or fiduciary.
(d) Duties.--Except as provided under Federal or State law,
if a financial institution or fiduciary refuses to disburse
money or engage in a transaction as authorized by this section
to protect an older adult, the designated representative of the
financial institution or the fiduciary shall:
(1) make an immediate oral report and file a written
report containing the information required for a voluntary
report under section 602(a) within two business days;
(2) notify the older adult, and if requested provide
additional information, in the manner provided for
notification by an agency under section 308(a); and
(3) within two business days, make a reasonable effort
to notify, orally or in writing, each person authorized to
transact business on the account, that is a beneficiary of
the account or that has been authorized by the older adult to
receive notifications regarding account activity, except for
a person reasonably believed to have engaged in suspected or
attempted financial exploitation of the older adult or a
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