Section 2952 Of Article 2. Estate Protection From California Probate Code >> Division 4. >> Part 5. >> Chapter 5. >> Article 2.
2952
. (a) A peace officer may issue a declaration, as provided in
Section 2954, concerning an elder person if all of the following
conditions are satisfied:
(1) There is probable cause to believe that the elder person is
substantially unable to manage his or her financial resources or to
resist fraud or undue influence.
(2) There exists a significant danger that the elder person will
lose all or a portion of his or her property as a result of fraud or
misrepresentations or the mental incapacity of the elder person.
(3) There is probable cause to believe that a crime is being
committed against the elder person.
(4) The crime is connected to the inability of the elder person to
manage his or her financial resources or to resist fraud or undue
influence, and that inability is the result of deficits in the elder
person's mental functions.
(5) The peace officer has consulted with an individual qualified
to perform a mental status examination.
(b) If the requirements of subdivision (a) are satisfied, the
peace officer may provide a signed declaration to the public guardian
of the county. The declaration provided by the peace officer under
this subdivision shall be signed by both the peace officer and a
supervisor from the county's adult protective services agency. The
declaration shall be transmitted to the public guardian within 24
hours of its being signed, and may be transmitted by facsimile.
(c) (1) Upon receiving a signed declaration from a peace officer,
the public guardian is authorized to rely on the information
contained in the declaration to take immediate possession or control
of any real or personal property belonging to the elder person
referred to in the declaration, including any property that is held
jointly between the elder person and a third party that is subject to
loss, injury, waste, or misappropriation, and may issue a written
recordable certification of that fact pursuant to this section. The
written recordable certification shall substantially comply with the
following form: