Elder Financial Abuse: New FINRA Protections Under Amendments to Rule 4512, New Rule 2165

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Thursday, June 21, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 25, 2018


This CLE webinar will discuss the provisions of amended FINRA Rule 4152 and new FINRA Rule 2165 in effect as of Feb. 5, 2018. Our panel of experienced elder law attorneys will provide insights into this critical new guidance for FINRA members aimed at preventing financial abuse of seniors.

Description

On Feb. 5, 2018, FINRA implemented rule changes to curb the financial exploitation of seniors and any adult with mental or physical impairments that prevent them from protecting themselves. New FINRA Rule 2165 and amended FINRA Rule 4512 combine to place new responsibilities on FINRA members when there is a reasonable belief of financial exploitation of a “specified adult.”

FINRA’s definition of a “specified adult” includes persons age 65 and older. Rule 2165 defines “financial exploitation” broadly and includes the unauthorized taking, withholding or using a specified adult’s funds or securities. The rules further define financial exploitation as using powers of attorney, guardianship or other authority to convert or obtain control over a specified adult’s money, assets or property through deception, intimidation or undue influence.

The new rule allows FINRA members to place a temporary hold on disbursements from the accounts of “specified adults” when there is a reasonable belief that this kind of exploitation has or will occur.

Amended Rule 4512 requires FINRA members to take reasonable steps to obtain a “trusted contact person” to notify about potentially fraudulent or exploitive activity on a specified adult’s account.

Listen as our authoritative panel provides critical insight on the application of these new provisions and how elder law practitioners can best leverage them to protect clients from financial abuse and exploitation.

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Outline

  1. Scope of changes
  2. Protections under Rule 4152 Amendments
  3. Protections under New Rule 2165
  4. Interplay with state law provisions

Benefits

The panel will review these and other relevant questions:

  • What threshold requirements must FINRA members satisfy in the application of the new provisions?
  • What information is a FINRA member allowed to disclose to a trusted contact regarding suspect transactions?
  • How do FINRA’s new protections accommodate existing privacy laws for specified adults?

Faculty

Harrison, John
John R. Harrison

Atty
Hickman & Lowder Co.

Mr. Harrison practices in the areas of elder and special needs law. He assists older adults and individuals with...  |  Read More

Leonard, Janelle
Janelle L. Leonard, MSW, LISW, ACHP-SW

Care Coordinator
Hickman & Lowder Co.

Ms. Leonard is a Licensed Independent Social Worker with an advanced certification in hospice and palliative care. Her...  |  Read More