Eligible adult financial exploitation prevention - Duration of refusal or hold - Notification and reporting - Immunity
N.D. Cent. Code § 6-08.5-02
in effect6-08.5-02. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t06c08-5.pdf#nameddest=6-08p5-02Fetched: 10/16/2026