Section 1-306 - Allowable disclosures by fiduciary institution. - Maryland Statutes

§ 1-306. Allowable disclosures by fiduciary institution.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Financial exploitation" means any action which involves the misuse of a customer's funds or property. 

(3) "Report" means an oral or written report concerning financial exploitation which may include all or part of the information described in § 14-302 (d) of the Family Law Article. 

(b)  Financial exploitation; report to adult protective services.- Notwithstanding any other provision of law, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may disclose financial records and any other information relating to a customer of the fiduciary institution if the fiduciary institution or its officer, employee, agent, or director: 

(1) Believes that the customer has been subjected to financial exploitation; and 

(2) Makes the disclosure in a report to the adult protective services program in a local department of social services. 

(c)  Report - Protection from liability.- A report filed under this section by a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution shall be deemed to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability. 

(d)  Same - Disclosures concerning filing.- A fiduciary institution or an officer, employee, agent, or director of a fiduciary institution may decline to provide to any person information that would disclose or indicate whether a report has or has not been filed under this section. 

(e)  Immunities.- There shall be no liability on the part of and no cause of action of any nature shall arise against, and there shall be immunity from any civil and criminal liability that would otherwise result for, a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution for an action or omission involved with: 

(1) Making or participating in making a disclosure or report under this section; 

(2) Participating in an investigation or a judicial proceeding resulting from a report filed under this section; or 

(3) Declining to provide information as described in subsection (d) of this section. 

(f)  Duty not created.- This section does not create and may not be construed as creating, on the part of a fiduciary institution or an officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure to an adult protective services program or file a report under this section. 
 

[2000, ch. 407.]