Vermont v. Davis

March 24, 2018 by Justia

Defendant Jeffrey Davis appealed after a jury convicted him for financial exploitation of a vulnerable adult. In 1995, defendant’s mother and father had an attorney draft a conditional power of attorney document. The terms of the power of attorney were general, granting the attorney-in- fact “full power to act for [defendant’s mother and in defendant’s mother’s] name in all matters and to do all things which [defendant’s mother] could do if personally present.” The power of attorney named defendant’s father as primary attorney-in-fact and listed conditions that had to be met before defendant’s father could assume this role. The power of attorney named defendant as secondary attorney-in-fact, and, again, the document required that conditions be met before defendant could assume his role as his mother’s attorney-in-fact. Specifically, defendant was required to attach one of three documents to the power of attorney: a statement signed by defendant’s father to the effect that he was unable or unwilling to serve as defendant’s mother’s attorney-in-fact, a statement signed by a medical doctor stating that defendant’s father was unable or unwilling to serve as attorney-in-fact, or a copy of defendant’s father’s death certificate. There was no evidence presented showing that any of these conditions precedent were ever met. Defendant’s father died in 2006. Upon his death, defendant’s mother moved into an assisted living facility. In early 2014, defendant’s mother suffered a fall. An employee of the elder living facility testified that, at this point, defendant became more involved in his mother’s care. Employees of the elder living facility and defendant’s mother’s doctor testified that around this time defendant began to represent himself as his mother’s attorney-in-fact. It is undisputed that at this time defendant began controlling his mother’s finances, including taking her checkbook and credit card and redirecting her mail for delivery at his address. Rent checks to the assisted living facility began bouncing; facility later initiated eviction proceedings and, in December 2014, made a report to Adult Protective Services. Adult Protective Services eventually referred the matter to local police, ultimately leading to charges filed and later this conviction. Defendant raised four arguments on appeal. His first two arguments arose from the trial court’s denial of his motion for a judgment of acquittal and the sufficiency of the State’s evidence. He also argued the court’s instructions to the jury were erroneous, and that the court erroneously permitted the victim’s guardian, rather than the victim, to testify during sentencing. Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Davis" on Justia Law