AB-83
Consumer Protection

The California Elder Financial Abuse Prevention Act.

Introduced
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Authorizes banks to delay or block suspicious transactions when they suspect financial abuse of elderly or impaired adults.
  • Allows financial institutions to notify family members or authorized contacts about suspected elder financial abuse.
  • Protects banks from legal liability when taking actions to prevent suspected financial exploitation.
  • Permits transaction holds for up to 30 business days while suspected elder financial abuse is investigated.

Summary

Assembly Member Pacheco's California Elder Financial Abuse Prevention Act authorizes banks and credit unions to intervene when they suspect financial exploitation of older adults or dependent individuals. The legislation permits financial institutions to temporarily delay transactions, prevent account ownership changes, and refuse fund transfers when they observe potential abuse or receive related information from government agencies.

The bill defines protective measures for two categories of "eligible adults": individuals aged 65 or older, and adults with substantial mental or functional impairments that affect financial decision-making. When financial institutions identify suspicious activity, they may pause transactions for up to 30 business days, block changes to account beneficiaries, and decline instructions from powers of attorney. This hold period can be extended if abuse concerns persist or terminated early if the institution determines no risk exists or a court orders the release of funds.

Financial institutions may notify designated third parties - including family members, account co-owners, or fiduciaries - about suspected abuse, though they retain discretion to withhold notification if they believe the third party may be involved in the exploitation. The bill exempts these disclosures from state privacy laws while limiting the information shared to general abuse concerns. It also aligns with existing commercial codes and federal banking regulations by establishing that transaction delays under the act do not constitute wrongful payment denials or violate funds transfer rules.

Key Dates

Next Step
Referred to the Assembly Standing Committee on Banking and Finance
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Banking and Finance
Hearing has not been scheduled yet
Introduced
Assembly Floor
Introduced
Introduced. To print.

Contacts

Profile
Phillip ChenR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Blanca RubioD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Mike FongD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
David AlvarezD
Assemblymember
Bill Author
Not Contacted
Not Contacted
0 of 16 row(s) selected.
Page 1 of 4
Select All Legislators
Profile
Phillip ChenR
Assemblymember
Committee Member
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Profile
Blanca RubioD
Assemblymember
Committee Member
Profile
Mike FongD
Assemblymember
Committee Member
Profile
David AlvarezD
Assemblymember
Bill Author
Profile
Tina McKinnorD
Assemblymember
Bill Author
Profile
Diane DixonR
Assemblymember
Committee Member
Profile
Blanca PachecoD
Assemblymember
Bill Author
Profile
Pilar SchiavoD
Assemblymember
Committee Member
Profile
Esmeralda SoriaD
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Bill Author
Profile
Avelino ValenciaD
Assemblymember
Committee Member
Profile
Patrick AhrensD
Assemblymember
Bill Author
Profile
Heather HadwickR
Assemblymember
Bill Author
Profile
Maggy KrellD
Assemblymember
Committee Member
Profile
Michelle RodriguezD
Assemblymember
Bill Author

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Blanca Pacheco
Blanca PachecoD
California State Assembly Member
Patrick Ahrens
Patrick AhrensD
California State Assembly Member
Co-Authors
Cecilia Aguiar-Curry
Cecilia Aguiar-CurryD
California State Assembly Member
David Alvarez
David AlvarezD
California State Assembly Member
Heather Hadwick
Heather HadwickR
California State Assembly Member
Tina McKinnor
Tina McKinnorD
California State Assembly Member
Michelle Rodriguez
Michelle RodriguezD
California State Assembly Member
Stephanie Nguyen
Stephanie NguyenD
California State Assembly Member
10% progression
Bill has been formally introduced and read for the first time in its house of origin (12/20/2024)

Key Takeaways

  • Authorizes banks to delay or block suspicious transactions when they suspect financial abuse of elderly or impaired adults.
  • Allows financial institutions to notify family members or authorized contacts about suspected elder financial abuse.
  • Protects banks from legal liability when taking actions to prevent suspected financial exploitation.
  • Permits transaction holds for up to 30 business days while suspected elder financial abuse is investigated.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Blanca Pacheco
Blanca PachecoD
California State Assembly Member
Patrick Ahrens
Patrick AhrensD
California State Assembly Member
Co-Authors
Cecilia Aguiar-Curry
Cecilia Aguiar-CurryD
California State Assembly Member
David Alvarez
David AlvarezD
California State Assembly Member
Heather Hadwick
Heather HadwickR
California State Assembly Member
Tina McKinnor
Tina McKinnorD
California State Assembly Member
Michelle Rodriguez
Michelle RodriguezD
California State Assembly Member
Stephanie Nguyen
Stephanie NguyenD
California State Assembly Member

Summary

Assembly Member Pacheco's California Elder Financial Abuse Prevention Act authorizes banks and credit unions to intervene when they suspect financial exploitation of older adults or dependent individuals. The legislation permits financial institutions to temporarily delay transactions, prevent account ownership changes, and refuse fund transfers when they observe potential abuse or receive related information from government agencies.

The bill defines protective measures for two categories of "eligible adults": individuals aged 65 or older, and adults with substantial mental or functional impairments that affect financial decision-making. When financial institutions identify suspicious activity, they may pause transactions for up to 30 business days, block changes to account beneficiaries, and decline instructions from powers of attorney. This hold period can be extended if abuse concerns persist or terminated early if the institution determines no risk exists or a court orders the release of funds.

Financial institutions may notify designated third parties - including family members, account co-owners, or fiduciaries - about suspected abuse, though they retain discretion to withhold notification if they believe the third party may be involved in the exploitation. The bill exempts these disclosures from state privacy laws while limiting the information shared to general abuse concerns. It also aligns with existing commercial codes and federal banking regulations by establishing that transaction delays under the act do not constitute wrongful payment denials or violate funds transfer rules.

10% progression
Bill has been formally introduced and read for the first time in its house of origin (12/20/2024)

Key Dates

Next Step
Referred to the Assembly Standing Committee on Banking and Finance
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Banking and Finance
Hearing has not been scheduled yet
Introduced
Assembly Floor
Introduced
Introduced. To print.

Contacts

Profile
Phillip ChenR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Blanca RubioD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Mike FongD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
David AlvarezD
Assemblymember
Bill Author
Not Contacted
Not Contacted
0 of 16 row(s) selected.
Page 1 of 4
Select All Legislators
Profile
Phillip ChenR
Assemblymember
Committee Member
Profile
Cecilia Aguiar-CurryD
Assemblymember
Bill Author
Profile
Blanca RubioD
Assemblymember
Committee Member
Profile
Mike FongD
Assemblymember
Committee Member
Profile
David AlvarezD
Assemblymember
Bill Author
Profile
Tina McKinnorD
Assemblymember
Bill Author
Profile
Diane DixonR
Assemblymember
Committee Member
Profile
Blanca PachecoD
Assemblymember
Bill Author
Profile
Pilar SchiavoD
Assemblymember
Committee Member
Profile
Esmeralda SoriaD
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Bill Author
Profile
Avelino ValenciaD
Assemblymember
Committee Member
Profile
Patrick AhrensD
Assemblymember
Bill Author
Profile
Heather HadwickR
Assemblymember
Bill Author
Profile
Maggy KrellD
Assemblymember
Committee Member
Profile
Michelle RodriguezD
Assemblymember
Bill Author