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 | |
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 | |
_____ | [A] | ALERTNESS AND ATTENTION |
_____ | ◻1. | Levels of arousal. (Lethargic, responds only to vigorous |
_____ | ◻2. | Orientation. Person ______ Time _______ (day, date, |
_____ | ◻3. | Ability to attend and concentrate. (Give detailed |
_____ | [B] | INFORMATION PROCESSING |
_____ | ◻1. | Remember, i.e., short– and long–term memory, |
_____ | ◻2. | Understand and communicate either verbally or |
_____ | ◻3. | Recognize familiar objects and persons. (Deficits |
_____ | ◻4. | Understand and appreciate quantities. (Perform simple |
_____ | ◻5. | Reason using abstract concepts. (Grasp abstract aspects |
_____ | ◻6. | Plan, organize, and carry out actions (assuming physical |
_____ | ◻7. | Reason logically. |
_____ | [C] | THOUGHT DISORDERS |
_____ _____ | ◻1. | Severely disorganized thinking. (Rambling, |
_____ _____ | ◻2. | Hallucinations. (Auditory, visual, olfactory.) |
_____ | ◻3. | Delusions. (Demonstrably false belief maintained |
_____ | ◻4. | Uncontrollable or intrusive thoughts. (Unwanted |
_____ | [D] | ABILITY TO MODULATE MOOD AND AFFECT |
_____ | _____ | Pervasive and persistent or recurrent emotional state |
Anger _____ Euphoria _____ Helplessness Anxiety _____ Depression _____ Apathy Fear _____ Hopelessness _____ Indifference Panic _____ Despair _____ _____ | ||
5. | The property at risk is identified as, but not limited to, the | |
_____ | Bank account located at: | |
_____ | _____ (name, telephone number, and | |
_____ | 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 | |
_____ | ◻1. | I am a peace officer in the county identified above. |
_____ | ◻2. | I have consulted concerning this case with a supervisor |
_____ | ◻3. | I have consulted concerning this case with an individual |
_____ | ||
Signature of Declarant Peace Officer | ||
_____ _____ | _____ _____ | |
Date | ||
_____ | _____ | |
_____ | _____ | Signature of Concurring Adult Protective Services |
(Added by Stats. 2000, Ch. 813, Sec. 1. Effective January 1, 2001.)