DEPARTMENT OF ATTORNEY GENERAL  
PUBLIC ADMINISTRATION DIVISION  
FINANCIAL EXPLOITATION PREVENTION ACT  
Filed with the secretary of state on October 28, 2021  
These rules take effect immediately upon filing with the secretary of state unless adopted  
under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA  
306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become  
effective 7 days after filing with the secretary of state.  
(By authority conferred on the department of attorney general by section 5 of the  
financial exploitation prevention act, 2020 PA 344, MCL 487.2085)  
R 14.21, R 14.22, R 14.23, R 14.24, R 14.25, R 14.26, R 14.27, R 14.28, and R 14.29 are  
added to the Michigan Administrative Code, as follows:  
R 14.21 Definitions.  
Rule 21. As used in these rules:  
(a) “Act” means the financial exploitation prevention act, 2020 PA 344, MCL 487.2081  
to 487.2091.  
(b) “County prosecutor” means the duly elected or appointed county prosecutor, or the  
county prosecutor’s designee.  
(c) Terms defined in the act have the same meanings when used in these rules.  
R 14.22 Notification to county prosecutor by adult protective services; content.  
Rule 22. The notification to the county prosecutor by adult protective services must:  
(a) Be provided in writing.  
(b) Be provided on a form titled “FEPA Adult Protective Services or Law Enforcement  
Notice to Prosecutor.”  
(c) Include a written report prepared by an adult protective services employee with the  
form.  
(d) Include the name and contact information for the adult protective services  
employee in charge of the investigation.  
(e) Include a copy of the financial institution’s report submitted to or committed to  
written form by adult protective services.  
(i) When the report from the financial institution is committed to written form by an  
adult protective services employee, the report from the financial institution may be  
contained within the report prepared by the adult protective services, and need not be  
submitted as an additional report.  
(f) Include a description of the response to or actions taken by adult protective services  
based on the report from the financial institution.  
July 22, 2021  
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(g) Include names and contact information of individuals that possess information  
about the alleged covered financial exploitation within a written report prepared by an  
adult protective services employee.  
(h) Include a summary or brief description of the alleged covered financial exploitation  
if not contained in any report attached to the form titled “FEPA Adult Protective Services  
or Law Enforcement Notice to Prosecutor.”  
R 14.23 Notification to county prosecutor by law enforcement; content.  
Rule 23. The notification to the county prosecutor by law enforcement must:  
(a) Be provided in writing.  
(b) Be provided on a form titled “FEPA Adult Protective Services or Law Enforcement  
Notice to Prosecutor.”  
(c) Include a written report prepared by a law enforcement officer.  
(d) Include the name of the law enforcement agency and the name and contact  
information of the officer in charge of the investigation.  
(e) Include a copy of the financial institution’s report submitted to or committed to  
written form by the law enforcement agency.  
(f) Include a description of the response to or actions taken by law enforcement based  
on the report from the financial institution.  
(g) Include names and contact information of individuals that possess information  
about the alleged covered financial exploitation within a written report prepared by a law  
enforcement officer.  
(h) Include a summary or brief description of the alleged covered financial exploitation  
if not contained in any report attached to the form titled “FEPA Adult Protective Services  
or Law Enforcement Notice to Prosecutor.”  
R 14.24 Notification to county prosecutor by financial institutions; content.  
Rule 24. The notification to the county prosecutor by a financial institution must:  
(a) Be provided in writing.  
(b) Be submitted on a form titled “FEPA Financial Institution Notice to Prosecutor.”  
Supporting documentation may be attached to the form by the financial institution.  
(c) Include a description of efforts by the financial institution to contact law  
enforcement or adult protective services, and an indication of whether any contact has  
been made.  
(d) Include a description of whether any contact has previously been made with the  
county prosecutor’s office regarding this same matter.  
(e) Indicate whether written notification was received from law enforcement or adult  
protective services stating whether the reported alleged covered financial exploitation is  
under investigation or has been referred to law enforcement, within 10 business days after  
a financial institution employee made a report of alleged covered financial exploitation to  
law enforcement or adult protective services.  
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(f) Include the name and contact information for the financial institution’s designated  
contact for communication with the county prosecutor, law enforcement, or adult  
protective services.  
(g) Include the name and contact information of the alleged perpetrator, if that  
information is known by the financial institution making the report.  
(h) Include the name and contact information of the alleged victim, if known by the  
financial institution making the report.  
(i) Include a description of the relationship between the alleged perpetrator and the  
victim, if known by the financial institution making the report.  
R 14.25 Notification to county prosecutor; determining county of contact.  
Rule 25. The financial institution shall use the following sequential steps to determine  
the appropriate prosecutor to contact:  
(a) Contact adult protective services or law enforcement as follows:  
(i) To contact adult protective services, a financial institution shall call the 24-hour  
intake telephone line maintained by the department of health and human services to  
contact adult protective services to provide notification under the act. If adult protective  
services develops other contact methods, utilizing those contact methods complies with  
these rules.  
(ii) To contact law enforcement, if the victim’s county of residence is known, the  
financial institution shall contact law enforcement in the county of the victim’s residence.  
If the victim’s county of residence is unknown, the financial institution shall contact law  
enforcement in the county in which the alleged covered financial exploitation was  
observed, or in the county where the financial institution is located if the alleged covered  
financial exploitation took place in another state. The financial institution may also  
contact law enforcement in the county in which the alleged covered financial exploitation  
is observed, regardless of the victim’s county of residence, if the alleged covered  
financial exploitation is actively taking place on-site at the financial institution.  
(A) The financial institution shall contact law enforcement by calling the central  
dispatch office in the county in which law enforcement is to be notified, or by making a  
written report if the central dispatch office has the capability to accept written reports as  
follows:  
(1) The financial institution shall dial 911 to contact central dispatch if the matter is  
determined to be an emergency by the financial institution, or if the alleged covered  
financial exploitation is actively taking place on-site at the financial institution at the time  
the contact is being made.  
(2) If the matter is determined not to be an emergency by the financial institution and  
is not actively taking place on-site at the financial institution, the financial institution  
shall call the non-emergency telephone number for central dispatch or make a written  
report if the central dispatch office has the capability to accept written reports. If central  
dispatch has the capability to accept written reports, the financial institution may make  
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the written report to central dispatch by emailing, faxing, or hand-delivering a written  
report.  
(b) Contact the county prosecutor as follows:  
(i) If the financial institution has been unable to contact adult protective services or  
law enforcement to provide notification under the act, the financial institution shall  
determine if the victim’s county of residence is known and do 1 of the following:  
(A) If the victim’s county of residence is known, the financial institution shall contact  
the prosecutor in the county of the victim’s residence.  
(B) If the victim’s county of residence is unknown, the financial institution shall  
contact the prosecutor in the county in which the alleged covered financial exploitation  
was observed, or in the county where the financial institution is located if the alleged  
covered financial exploitation took place in another state.  
(ii) If the financial institution employee has contacted adult protective services, the  
financial institution shall contact the county prosecutor’s office in the county in which the  
assigned adult protective services employee is stationed, if known by the financial  
institution. If the financial institution does not know where the adult protective services  
employee is stationed, the financial institution shall determine if the victim’s county of  
residence is known and do 1 of the following:  
(A) If the victim’s county of residence is known, the financial institution shall  
contact the prosecutor in the county of the victim’s residence.  
(B) If the victim’s county of residence is unknown, the financial institution shall  
contact the prosecutor in the county in which the alleged covered financial exploitation  
was observed, or in the county where the financial institution is located if the alleged  
covered financial exploitation took place in another state.  
(iii) If the financial institution has contacted law enforcement, the financial institution  
shall contact the county prosecutor’s office in the county in which the assigned law  
enforcement officer is stationed, if known by the financial institution. If the financial  
institution does not know where the law enforcement officer is stationed, the financial  
institution shall determine if the victim’s county of residence is known and do 1 of the  
following:  
(A) If the victim’s county of residence is known, the financial institution shall  
contact the prosecutor in the county of the victim’s residence.  
(B) If the victim’s county of residence is unknown or cannot be determined, the  
financial institution shall contact the prosecutor in the county in which the alleged  
covered financial exploitation was observed, or in the county where the financial  
institution is located if the alleged covered financial exploitation took place in another  
state.  
R 14.26 Notification to county prosecutor by adult protective services, law enforcement,  
and financial institutions; obtaining contact information.  
Rule 26. The contact information for the county prosecutor’s office shall be obtained by  
adult protective services, law enforcement, and financial institutions by referencing an  
electronic directory compiled by the Prosecuting Attorneys Association of Michigan  
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(PAAM) that is available on PAAM’s website. This directory will include the name and  
contact information for the contact designated to receive notifications under the act at  
each county prosecutor’s office, and the primary phone number for the county  
prosecutor’s office. If unable to contact the specific employee listed in the directory, the  
financial institution should contact the office of the county prosecutor using the primary  
phone number for the office and request instruction for sending the written notification  
required under the act.  
R 14.27 Notification to county prosecutor adult protective services, law enforcement,  
and financial institutions; method of contact.  
Rule 27. The notifications under the act to the county prosecutor’s office must be made  
as follows:  
(a) Be in writing.  
(b) Be made using the form referenced in these rules.  
(c) Be delivered to the county prosecutor’s office by email, fax, or by in-person  
delivery. If the contact is made by email or by fax, the agency or financial institution  
making the report shall request an acknowledgement of receipt.  
(d) When notification is made to the county prosecutor’s office by a law enforcement  
agency, reports should be made by any law enforcement agency that receives a copy of a  
notification of alleged covered financial exploitation by a financial institution under the  
act.  
(e) When notification is made to the county prosecutor’s office by the financial  
institution, a copy of the notification may, but is not required to be, sent by the financial  
institution to the department of attorney general.  
R 14.28 Notification to county prosecutor by adult protective services or law  
enforcement; form.  
Rule 28. The purpose of this rule is to prescribe the form of the notification to the  
county prosecutor by adult protective services or law enforcement as required by the act.  
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R 14.29 Notification to county prosecutor by financial institution; form.  
Rule 29. The purpose of this rule is to prescribe the form of the notification to the  
county prosecutor by the financial institution as required by the act.  
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