Section 2954.  


Latest version.
  • A declaration issued by a peace officer under this chapter shall not be valid unless it substantially complies with the following form:

    DECLARATION

    PRINT OR TYPE

    1.

    My name is:.

    My badge number is:.

    My office address and telephone number are:

    .

    2.

    I am a duly sworn peace officer presently employed by

    , in the County of

    , in the State of California.

    3.

    On _____ (date) I personally interviewed ________ (victim) at
    ______ a.m./p.m. at _______ (address). The victim resides
    at __________ (address, telephone number, and name of facility,
    if applicable).

    4.

    There is probable cause to believe that:

    (a) (Victim)

    is substantially unable to manage his or her financial resources

    or to resist fraud or undue influence, and

    (b)There exists a significant danger the victim will lose all or

    a portion of his or her property as a result of fraud or

    misrepresentations or the mental incapacity of the victim, and

    (c)There is probable cause to believe that a crime is being

    committed against the victim, and

    (d)The crime is connected to the victim's inability to manage

    his or her financial resources or to resist fraud or undue

    influence, and

    (e)The victim suffers from that inability as a result of deficits

    in one or more of the following mental functions:

    _____

    INSTRUCTIONS TO PEACE OFFICER: CHECK ALL
    BLOCKS THAT APPLY:

    _____

    [A]

    ALERTNESS AND ATTENTION

    _____

    ??1.

    Levels of arousal. (Lethargic, responds only to vigorous
    and persistent stimulation, stupor.)

    _____

    ??2.

    Orientation. Person ______ Time _______ (day, date,
    month, season, year),Place _______ (address, town,
    state),Situation ___________ (why am I here?).

    _____

    ??3.

    Ability to attend and concentrate. (Give detailed
    answers from memory, mental ability required to
    thread a needle.)

    _____

    [B]

    INFORMATION PROCESSING
    Ability to:

    _____

    ??1.

    Remember, i.e., short– and long–term memory,
    immediate recall. (Deficits reflected by: forgets
    question before answering, cannot recall names,
    relatives, past presidents, events of past 24 hours.)

    _____

    ??2.

    Understand and communicate either verbally or
    otherwise. (Deficits reflected by: inability to
    comprehend questions, follow instructions, use words
    correctly or name objects; nonsense words.)

    _____

    ??3.

    Recognize familiar objects and persons. (Deficits
    reflected by: inability to recognize familiar faces,
    objects, etc.)

    _____

    ??4.

    Understand and appreciate quantities. (Perform simple
    calculations.)

    _____

    ??5.

    Reason using abstract concepts. (Grasp abstract aspects
    of his or her situation; interpret idiomatic expressions or
    proverbs.)

    _____

    ??6.

    Plan, organize, and carry out actions (assuming physical
    ability) in one's own rational self–interest. (Break
    complex tasks down into simple steps and carry them
    out.)

    _____

    ??7.

    Reason logically.

    _____

    [C]

    THOUGHT DISORDERS

    _____ _____

    ??1.

    Severely disorganized thinking. (Rambling,
    nonsensical, incoherent, or nonlinear thinking.)

    _____ _____

    ??2.

    Hallucinations. (Auditory, visual, olfactory.)

    _____

    ??3.

    Delusions. (Demonstrably false belief maintained
    without or against reason or evidence.)

    _____

    ??4.

    Uncontrollable or intrusive thoughts. (Unwanted
    compulsive thoughts, compulsive behavior.)

    _____

    [D]

    ABILITY TO MODULATE MOOD AND AFFECT

    _____

    _____

    Pervasive and persistent or recurrent emotional state
    which appears severely inappropriate in degree to the
    patient's circumstances. Encircle the inappropriate
    mood(s):

    Anger _____ Euphoria _____ Helplessness

    Anxiety _____ Depression _____ Apathy

    Fear _____ ?Hopelessness _____ Indifference?

    Panic _____ ??Despair _____ _____

    5.

    The property at risk is identified as, but not limited to, the
    following:

    _____

    Bank account located at:?

    _____

    _____ (name, telephone number, and
    _____ address of the bank branch)

    _____

    Account number(s):?

    _____

    Securities/other funds located at:?

    _____

    _____ _____ _____ (name, telephone number, _____

    _____ _____ and address of _____

    _____ _____ financial institution) _____

    _____

    Account number(s):?

    _____

    Real property located at:? _____ (address) _____

    _____

    Automobile described as:? _____ (make, model/color) _____

    _____

    _____ _____ (license plate number and state) _____

    _____

    Other property described as:

    _____

    Other property located at:

    6.

    A criminal investigation will ? will not ? be commenced against:

    _____ (name, address, and telephone number) _____ for alleged financial abuse.

    _____

    BLOCKS 1, 2, AND 3 MUST BE CHECKED IN ORDER FOR
    THIS DECLARATION TO BE VALID:

    _____

    ??1.

    I am a peace officer in the county identified above.

    _____

    ??2.

    I have consulted concerning this case with a supervisor
    in the county's adult protective services agency who has
    signed below, indicating that he or she concurs that,
    based on the information I provided to him or her, or
    based on information he or she obtained independently,
    this declaration is warranted under the circumstances.

    _____

    ??3.

    I have consulted concerning this case with an individual
    qualified to perform a mental status examination.

    _____

    Signature of Declarant Peace Officer

    _____ _____

    _____ _____

    Date

    _____

    _____

    _____

    _____

    Signature of Concurring Adult Protective Services
    Supervisor

(Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)