N.D. Cent. Code § 6-08.5-02

6-08.5-02. Eligible adult financial exploitation prevention - Duration of refusal or hold -

Notification and reporting - Immunity.

1. If a financial service provider has a good faith belief to suspect financial exploitation

occurred, was attempted, or is being attempted, the financial service provider may

refuse a financial transaction or hold a financial transaction on an account:

a. Belonging to the eligible adult;

b. On which the eligible adult is a beneficiary, including a trust, guardianship, or

conservatorship account; or

c. Belonging to a person suspected of perpetrating financial exploitation.

2. A financial service provider may refuse a financial transaction or hold a financial

transaction under this section if the department of health and human services or a law

enforcement agency provides information to the financial service provider

demonstrating it is reasonable to believe financial exploitation occurred, was

attempted, or is being attempted.

3. Subsection 2 does not require a financial service provider to refuse a financial

transaction or hold a financial transaction if provided with information by the

department of health and human services or a law enforcement agency alleging

financial exploitation occurred, was attempted, or is being attempted. Except as

ordered by a court, a financial service provider may determine whether to refuse a

financial transaction or hold a financial transaction based on the information available

to the financial service provider.

4. A financial service provider refusing a financial transaction or holding a financial

transaction based on a good faith belief to suspect financial exploitation occurred, was

attempted, or is being attempted shall:

a. Except with regard to an account administered by a bank or trust company in a

fiduciary capacity, make a reasonable effort to notify, orally or in writing, one or

more parties authorized to transact business on the account; and

b. Report the incident to the department of health and human services, if the

incident involves financial exploitation of a vulnerable adult as defined in section

50-25.2-01.

5. Notice under this section is not required to be provided to a party authorized to

conduct business on the account if the party is the suspected perpetrator of financial

exploitation.

6. A financial service provider, or an employee, officer, or director of a financial service

provider, is immune from all criminal, civil, and administrative liability:

a. For refusing or not refusing a financial transaction, or for holding or not holding a

financial transaction under this section; or

b. For actions taken in furtherance of the determination made under subdivision a, if

the determination is based upon a good faith belief financial exploitation occurred,

was attempted, or is being attempted.