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    AB-83
    Consumer Protection

    The California Elder Financial Abuse Prevention Act.

    Introduced
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    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. To print.
    Assembly Floor
    Introduced. To print.
    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. To print.
    Assembly Floor
    Introduced. To print.
    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