Tuesday, June 23, 2009

CALIFORNIA CODES-PROBATE CODE SECTION 2950-2951

CALIFORNIA CODES
PROBATE CODE
SECTION 2950-2951



2950. (a) It is the intent of the Legislature to do all of the
following:
(1) Reduce the incidence of financial abuse perpetrated against
mentally impaired elder adults.
(2) Minimize monetary losses to mentally impaired elder adults as
a result of financial abuse.
(3) Facilitate timely intervention by law enforcement, in
collaboration with the public guardian, to effectively protect
mentally impaired elder adult victims of financial abuse, and to
recover their assets.
(b) Any peace officer or public guardian of a county that has both
of the following, as determined by the public guardian of that
county, may take the actions authorized by this chapter:
(1) The existence of sufficient law enforcement personnel with
expertise in the assessment of competence.
(2) The existence of a law enforcement unit devoted to
investigating elder financial abuse and the enforcement of laws
applicable to elder abuse.
(c) This chapter shall be coordinated with existing mandated
programs affecting financial abuse of mentally impaired elders that
are administered by the adult protective services agency of the
county.
2951. The definitions contained in this section shall govern the
construction of this chapter, unless the context requires otherwise.
(a) "Declaration" means a document that substantially complies
with the requirements of Section 2954, and is signed by both a peace
officer and a supervisor from the county's adult protective services
agency and provided to the public guardian in accordance with
subdivision (b) of Section 2952.
(b) "Elder person" means any person residing in this state, 65
years of age or older.
(c) "Financial abuse" means a situation described in Section
15610.30 of the Welfare and Institutions Code.
(d) "Financial abuse POST training" means an elder financial abuse
training course certified by the Commission on Peace Officer
Standards and Training.
(e) "Financial institution" means any bank, savings and loan,
thrift, industrial loan company, credit union, or any branch of any
of these institutions doing business in the state, as defined by
provisions of the Financial Code.
(f) "Peace officer" means a sheriff, deputy sheriff, municipal
police officer, or a peace officer authorized under subdivision (b)
of Section 830.1 of the Penal Code, duly sworn under the requirements
of state law, who satisfies any of the following requirements:
(1) The sheriff, deputy sheriff, municipal police officer, or
peace officer authorized under subdivision (b) of Section 830.1 of
the Penal Code has completed or participated as a lecturer in a
financial abuse POST training program within the last 36 months. The
completion of the course may be satisfied by telecourse, video
training tape, or other instruction. The training shall, at a
minimum, address relevant elder abuse laws, recognition of financial
abuse and fraud, assessment of mental competence in accordance with
the standards set forth in Part 17 (commencing with Section 810) of
the Probate Code, reporting requirements and procedures for the
investigation of financial abuse and related crimes, including
neglect, and civil and criminal procedures for the protection of
victims. The course may be presented as part of a training program
that includes other subjects or courses.
(2) The sheriff, deputy sheriff, municipal police officer, or
peace officer authorized under subdivision (b) of Section 830.1 of
the Penal Code, has consulted with a sheriff, deputy sheriff,
municipal police officer, or peace officer authorized under
subdivision (b) of Section 830.1 of the Penal Code, who satisfies the
requirements of paragraph (1) concerning the declaration defined in
subdivision (a) and obtained the signature of that sheriff, deputy
sheriff, municipal police officer, or peace officer authorized under
subdivision (b) of Section 830.1 of the Penal Code on a declaration
that substantially complies with the form described in Section 2954.
(g) "Property" means all personal property and real property of
every kind belonging to, or alleged to belong to, the elder.

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