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#2205281 - 02/06/19 09:28 PM APS wants bank documents, no subpoena
chuckchuck Offline
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Joined: Apr 2018
Posts: 43
Having issues with APS folks wanting bank documents, statements, etc.
Now, we are the ones who notified them, so we certainly want them to investigate possible exploitation.
What I don't want is to give up my safe harbor.
I tell them time and again that we need a subpoena, search warrant, or basically get law enforcement involved. Adult Protective Services is not law enforcement.
They continue to respond "the GLBA says you can give me this stuff" which I know is not accurate.
I'm caught in a tough spot because I know they are on the right side of the law, but I am not willing to risk liability for me or my company to give them things related to SARs without a formal written request from LE.
Our legal counsel has assured me I am not being hard to get along with and that I am complying with the law, and APS is just using bullying tactics to get us to provide them info.

Does anyone have any tips? Am I dealing with this the correct way?

Thanks,

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#2205299 - 02/06/19 11:15 PM Re: APS wants bank documents, no subpoena chuckchuck
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 78,960
Galveston, TX
Does anyone have any tips?

Only follow the advice of your legal counsel.
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#2205430 - 02/07/19 10:24 PM Re: APS wants bank documents, no subpoena chuckchuck
ColoradoAML Offline
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Joined: Mar 2018
Posts: 277
I think someone could argue that GLBA does make the exception that APS is saying it does. Having said that, if your legal counsel isn't the someone making that argument, I agree that you'd be making a mistake following anyone else's advice.

I'm not asking for clarification, but I am not wholly understanding how you notified APS of something that they've taken interest in without violating the GLBA principals. I'll add that while I've never been asked to provide physical documents to a division of APS, there are states in our footprint where we provide information to them pursuant to state law.

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#2205463 - 02/08/19 03:19 PM Re: APS wants bank documents, no subpoena ColoradoAML
chuckchuck Offline
Junior Member
Joined: Apr 2018
Posts: 43
In our state, Oklahoma, we have a mandatory reporting requirement, which we follow. However, handing over bank statements and other documents is a lot different than filling out their online "tip off" sheet.

I've just had this call again, from another APS office, and they argue how backwards it is that we have alerted them to elder exploitation activity, but will not tell them more than what we have already shared.

I wonder if the powers that be at my institution may work with our state lobbyist and see if the laws can be modified so that banks may share freely with APS in cases such as these?

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#2205487 - 02/08/19 04:12 PM Re: APS wants bank documents, no subpoena chuckchuck
edAudit Offline
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edAudit
Joined: Jul 2008
Posts: 4,765
You are here
I wonder if the powers that be at my institution may work with our state lobbyist and see if the laws can be modified so that banks may share freely with APS in cases such as these?

I do believe that that should be the job of APS
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#2205498 - 02/08/19 04:39 PM Re: APS wants bank documents, no subpoena chuckchuck
thomasj Offline
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Joined: Mar 2001
Posts: 5,063
Pennsylvania
In nearly every case of elder abuse or suspected elder abuse that I reported, the APS would show up with an authorization signed by the customer requesting that we release the documents. If the customer was uncooperative of incapacitated, yet there was enough evidence to investigate suspected exploitation, the agency would generally get law enforcement involved and a search warrant or subpoena would be issued.

The requirements and obligations of the institution are greatly impacted by state law when it comes to this so following the advise of your legal counsel is quite sound here.
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