NEWSLETTER OCTOBER 2019
STATE VS JOHN DOE
Elder financial abuse is a growth industry. About six years ago the Sedgwick County District Attorney assigned an attorney to work part-time in this area. Today there are two full-time attorneys. Sad but true. And during this period of time I have referred several cases to them for criminal prosecution.
What do they look for? I can think of no better answer than the applicable jury instruction that outlines the elements of mistreatment of an elder person for financial gain.
The defendant is charged with mistreatment of an elder person. The defendant pleads not guilty.
To establish this charge, each of the following claims must be proved:
- The defendant knowingly took personal property or financial resources of Jane Smith by taking control, title, use or management of bank accounts.
- The defendant acted for the benefit of himself or another person.
- The defendant took the personal property or financial resources
Through undue influence, coercion, harassment, duress, deception, false representation, false pretense, without adequate consideration to Jane Smith,
Through act or acts alleged to violate the Kansas power of attorney act of the Kansas uniform trust code, or
Through act or acts alleged to violate the Kansas act for obtaining a guardian or conservator are both.
- The total value of the personal property are financial resources taken was at least (dollar amount).
- Jane Smith was an elder person.
- This act occurred on or about the 27th day of September, 2019, in Anywhere County, Kansas.
As used in this instruction” elder person” means a person 60 years of age or older.
“Adequate consideration” means the personal property are financial resources were given to John Doe as payment for bona fide goods or services provided by John Doe and the payment was at a rate customary for similar goods or services in the community where Jane Smith resided at the time of the transaction.
I hope you never have to deal with this.
Thanks,
Mike
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