7-26-401. Immunity.
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/ut/title-7/chapter-26/7-26-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/12/2020
7-26-401. Immunity.
(1)A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution:
(a)has no duty to act under this chapter to protect a vulnerable adult from financial exploitation by a third person; and
(b)is immune from all criminal, civil, and administrative liability for not taking a permissive action under this chapter.
(2)A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution who chooses to act as described in:
(a)Subsection 7-26-201(2) , is immune from all criminal, civil, and administrative liability for the act, unless the act is done in bad faith; and
(b)Section 7-26-301 or 7-26-302 , is immune from all criminal, civil, and administrative liability for the act, unless the act:
(i)is done in bad faith; and
(ii)causes pecuniary loss to a vulnerable adult suspected of being a victim of financial exploitation.
(3)The immunity described in this section does not extend to an individual that is a principal, a conspirator, or an accessory after the fact to a criminal offense involving the financial exploitation of a vulnerable adult.
Enacted by Chapter 228 , 2020 General Session