S 851 — Protection from Financial Exploitation

2025-2026 Bill 851 Text of Previous Version (Mar.(Jan.

12,28, 2026) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 851Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Marchbill 12,  2026TO  AMEND S.THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 34-3-900 SO AS TO DEFINE TERMS PERTAINING TO THE FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT AND TO OUTLINE A PROCEDURE FOR ESTABLISHING EMERGENCY CONTACTS FOR AN ELIGIBLE ADULT TO PROTECT THE ELIGIBLE ADULT FROM FINANCIAL EXPLOITATION.

851   Introduced by Senators Alexander, Young and Garrett   S.

Printed 3/12/26--S.

Read the first time January 28, 2026   ________   The committee on Senate Banking and Insurance To whom was referred a Bill (S.

851) to amend the South Carolina Code of Laws by adding Section 34-3-900 so as to define terms pertaining to the financial exploitation of an eligible adult and to outline, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 1, by striking Section 34-3-900(A)(3)(a) and (b) and inserting:

           (a) improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person;

orthe wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or property of an eligible adult;

or            (b) causing an eligible adult to purchase goods or services or engage in a transaction for the profit or advantage of the seller or another person through undue influence, harassment, duress, force, coercion, or swindling by overreaching, cheating, or defrauding the eligible adult through cunning arts or devices that delude the eligible adult and cause him to lose money or other property.any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:

               (i) obtain the control, use, or benefit, through deception, intimidation, or undue influence, or by the use of any scheme, device, or artifice to defraud, of the eligible adult's money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his money, assets, or property;

or                (ii) convert the money, assets, or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit, or possession of his money, assets, or property.

  Amend the bill further, SECTION 1, by striking Section 34-3-900(F) and inserting:

    (F) Any decline or hold of a disbursement or transaction , that has not been declined due to suspected fraud, as authorized by this section will expire upon        (1) the sooner of:

           (1)(a)  a determination by the financial institution that allowing the transaction will not result in the financial exploitation of an eligible adult;

or            (2)(b) thirty business days after the date on which the financial institution first declined or placed on hold the transaction unless an appropriate investigative entity as set forth in Section 43-35-10(5) requests that the financial institution extend the delay, in which case the delay shall expire no more than fifty-five business days after the date on which the financial institution first declined or placed on hold the transaction;

orunless        (2) sooner terminated or extended by an order of a court of competent jurisdiction.

       (3) the order of a court of competent jurisdiction.

Renumber sections to conform.

Amend title to conform.

  RONNIE CROMER for Committee.

  _______                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 34-3-900 SO AS TO DEFINE TERMS PERTAINING TO THE FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT AND TO OUTLINE A PROCEDURE FOR ESTABLISHING EMERGENCY CONTACTS FOR AN ELIGIBLE ADULT TO PROTECT THE ELIGIBLE ADULT FROM FINANCIAL EXPLOITATION.

  Article 13   Protecting Eligible Adults from Financial Exploitation       Section 34-3-900. 34-3-900.   (A) As used in this section:

----XX---- This web page was last updated on MarchJanuary 12,28, 2026 at 02:0101:56 PM