2025 brought meaningful state action against elder financial exploitation. More states empowered banks to pause suspicious transactions, several refined reporting and immunity rules, Florida strengthened injunctions to stop exploitation, and other states advanced POA safeguards. Exact protections differ by state, but the overall trend is toward faster intervention and clearer safe harbors. ABA Banking Journal+2Florida Senate+2
2025 at a glance: where state laws are moving
- Transaction “hold” authority is expanding so financial institutions can delay or refuse disbursements while suspected exploitation is investigated—often with required notice to APS/AG and immunity for good-faith actions. ABA Banking Journal+1
- Reporting & immunity: States continue to clarify when banks/advisors must or may report suspected abuse and provide safe-harbor immunity for disclosures in good faith. Congress.gov
- Civil protection orders: Some states updated injunction processes to freeze assets or restrain bad actors more quickly (e.g., Florida 2025). Florida Senate
- POA/guardianship tools: States emphasize cleaner POA forms and oversight to curb misuse (e.g., Michigan’s public POA templates initiative). Huron Daily Tribune
Bottom line: 2025 strengthened early-intervention tools (holds, reporting, injunctions) so institutions and families can act before money is gone.
Source: ABA Foundation (2025), CRS (Feb. 2025), state legislative/AG updates; last checked October 2, 2025. ABA Banking Journal+1
What changed in 2025? (selected highlights)
1) More states embracing “hold” laws
- What these do: Allow banks/credit unions to delay a transaction/disbursement when exploitation is suspected, typically with time limits, notifications (to customer/APS/AG), and safe-harbor immunity. Consumer Advice
- 2025 examples:
- Maine (2025): New law allows institutions to delay disbursements and notify the Attorney General when exploitation is suspected. Maine Senate Democrats
- National trend: Banking groups report roughly half of states now have hold laws, with calls to lengthen hold periods to match investigation realities. ABA Banking Journal+1
Bottom line: If your state permits holds, your bank may be able to pause transfers long enough to verify red flags and protect funds.
2) Reporting duties & immunity clarified
- Context: States vary—some mandate reporting to APS and/or law enforcement; others permit reporting and grant immunity for good-faith disclosures. CRS’s 2025 brief underscores these differences and highlights best practices like trusted contacts. Congress.gov
Bottom line: Know whether your state requires or permits reporting—and whether safe harbor applies to you or your firm.
3) Injunctions to halt exploitation (Florida 2025)
- Florida SB 106 (2025): Enhances the injunction framework for exploitation of vulnerable adults (including financial), adding substitute service methods to reach hard-to-locate respondents—critical for online scammers and distant relatives. Florida Senate
Bottom line: Faster, more flexible injunction service can freeze activity and protect assets sooner.
4) Power of Attorney (POA) and practice reforms
- Michigan (2025): The AG’s Elder Abuse Task Force released free, standardized POA forms to reduce confusion and deter abuse; broader state work continues on guardianship/oversight. Huron Daily Tribune
Bottom line: Clear, accessible POA tools help families prevent abuse before a crisis.
Which protections does your state have? (quick comparison)
This table summarizes common legal tools; verify your state’s specifics with your AG/legislature or DOJ’s Elder Justice state-statute pages. Department of Justice
| Protection | What it does | Typical 2025 features | Notes / 2025 examples |
|---|---|---|---|
| Transaction hold laws | Let FIs delay/refuse suspect disbursements | Short hold period (often extendable), notice to APS/AG, immunity for good faith | National adoption ~half of states; Maine new in 2025. ABA Banking Journal+1 |
| Mandatory/voluntary reporting | Require/permit reporting to APS/LE | Good-faith safe harbor from privacy claims | Practices referenced in CRS 2025; details vary widely. Congress.gov |
| Injunctions/protection orders | Court orders to stop exploitation, freeze assets | Streamlined filing, alternative service methods | Florida SB 106 (2025) strengthens process. Florida Senate |
| Senior investor protections | Broker-dealer/IA reporting, trusted contact, holds | Modeled on NASAA/industry rules | State survey resources track adoption. bressler.com |
| POA/guardianship safeguards | Standard forms, notice, oversight | Reduce POA misuse, ease revocation | Michigan templates (2025); more states reviewing reforms. Huron Daily Tribune |
Bottom line: Your state likely has some of these tools; 2025 activity focused on holds, reporting clarity, and injunction access.
How to act under 2025 rules (checklists)
For banks & credit unions (policy/compliance lens)
- Confirm whether your state has a hold statute; update playbooks (notice, timing, extension criteria). ABA Banking Journal
- Refresh training on red flags, documentation, and good-faith immunity boundaries. (See ABA/Nacha 2025 resources.) American Bankers Association+1
- Use trusted contacts where permitted; collect/update proactively. Congress.gov
- Document APS/AG notifications and keep audit trails of holds/reports.
- Coordinate with law enforcement and APS to shorten resolution cycles. Consumer Advice
Bottom line: A policy-driven hold/report workflow with trained staff is your strongest shield.
For families & caregivers
- Set up clear POA documents (use your state’s forms) and name a trusted contact with your bank/broker. Huron Daily Tribune
- Watch for sudden changes in spending, new “friends,” secrecy, or tech support/romance scams.
- If a suspicious transfer is pending, ask the bank about a hold and file a report with APS and local police. ABA Banking Journal
- Keep records (texts, emails, statements); they matter for injunctions and restitution.
- Consider a protective injunction if exploitation is ongoing (see your state process; Florida 2025 example). Florida Senate
Bottom line: Early reporting + holds + documentation can stop losses and support restitution.
How to report suspected elder financial exploitation
- Call Adult Protective Services (APS) in your state (via your state’s human services/aging site or DOJ’s state statute directory). Department of Justice
- Notify the financial institution immediately; ask if a hold is available under state law. ABA Banking Journal
- File a police report for potential criminal fraud/theft.
- If urgent, consult counsel about a temporary injunction to stop transfers (procedure varies by state; Florida updated 2025). Florida Senate
Bottom line: Parallel reporting (APS + bank + police) creates the fastest protection.
State spotlights (illustrative, 2025)
- Maine (2025): Banks/credit unions may delay disbursement and notify the AG for suspected exploitation—codifying a strong protective posture. Maine Senate Democrats
- Florida (2025): SB 106 improves injunction access by enabling substitute service for unascertainable respondents—useful where abusers hide online or out of state. Florida Senate
- California (2025 bills): AB 83 would establish the Elder Financial Abuse Prevention Act to authorize transaction delays; AB 871 would expand training/reporting duties for financial institutions. (Check bill status.) LegiScan+1
Source: State legislature/official releases; last checked October 2, 2025.
Frequently cited sources & data
- ABA Foundation (Mar. 2025): State hold-law survey; about half of states offer hold authority; banks report effectiveness and request longer hold periods. ABA Banking Journal+1
- CRS (Feb. 12, 2025): Overview of elder financial exploitation; highlights state law variation, “trusted contacts,” and institutional practices. Congress.gov
- DOJ Elder Justice: State statute hub (criminal/civil/APS frameworks). Department of Justice
- Industry/state trackers: Senior/vulnerable investor law map. bressler.com
Source box: ABA Foundation; Congressional Research Service; DOJ Elder Justice; state legislature/AG sites — last checked October 2, 2025. ABA Banking Journal+2Congress.gov+2
Disclaimer
This guide is general information, not legal advice. Laws vary by state and change frequently. Speak with a licensed attorney or your state’s APS/AG for advice on your situation.
Key takeaways
- 2025 trend: More states enabling transaction holds with safe harbors so banks can pause suspect transfers. ABA Banking Journal
- Reporting clarity matters: Know if your state requires reporting to APS/law enforcement or permits it with immunity. Congress.gov
- Courts are a tool: Updated injunction processes (e.g., Florida 2025) can rapidly halt exploitation. Florida Senate
- Prevention works: Standardized POA forms and trusted contacts reduce abuse risk (e.g., Michigan 2025 initiative). Huron Daily Tribune
Next steps
- Identify your state’s hold/reporting framework (bank compliance or AG site).
- If you’re a financial institution, update training and hold procedures for 2025. American Bankers Association
- Families: put POA and trusted contacts in place; monitor statements. Huron Daily Tribune
- If exploitation is suspected, report immediately (APS + bank + police) and explore injunctions. Florida Senate
FAQs
What are the major state law changes on elder financial abuse in 2025?
States expanded bank “hold” authority, clarified reporting/immunity, strengthened injunctions, and promoted POA safeguards (with Maine, Florida, and California as notable 2025 examples). Maine Senate Democrats+2Florida Senate+2
Which states allow banks to delay suspicious transactions?
About half of states provide some hold authority; details vary by duration, notice, and immunity. Check your state statute. ABA Banking Journal
Are banks required to report elder financial exploitation?
It depends on your state; some mandate APS/law enforcement reporting, others permit reporting with safe harbor. Congress.gov
What did Florida change in 2025 for vulnerable adult exploitation?
SB 106 (2025) enhances injunctions by allowing substitute service to reach hard-to-locate respondents—important in online scam cases. Florida Senate
How do “trusted contacts” help?
They let institutions reach a designated person quickly to validate concerns; referenced in CRS 2025 best practices. Congress.gov
Where can I see my state’s statutes?
Start with DOJ Elder Justice state statute pages and your AG/APS websites. Department of Justice
Does my state have investor-specific protections?
Many do—see senior/vulnerable investor law trackers for broker-dealer/IA reporting and hold rules. bressler.com
