The Supreme Court of Kansas holds that a man who financially mistreated a dependent older adult does not have to pay an outstanding nursing home bill because the bill was not a result of his crime. However, his plea of no contest establishes that he owes at least half of the withdrawals and purchases he made using the older adult’s funds. In State v. Union (Kan. No. 121,643, August 9, 2024).

Alonzo Union challenged a restitution order after he pleaded no contest to one count of mistreatment of a dependent adult. Mr. Union was the agent under a financial power of attorney for his elderly roommate, Jean Miller, who later moved to long-term care. The court found he misused her money and failed to keep adequate records. When he was acting as agent, he did not pay a nursing home bill, claiming he disputed a charge. 

The lower court sentenced him to the following restitution: paying the nursing home’s outstanding balance and certain payments and withdrawals, including one-half of Walmart purchases and ATM withdrawals. 

On appeal, Mr. Union argued that the restitution order should be vacated because his criminal conduct did not harm the nursing home. The Kansas Supreme Court agrees, finding that the crime of conviction was not the cause the outstanding nursing home bill, as it did not result from his misuse of Ms. Miller’s funds.  

Mr. Union also pointed to insufficient evidence of his responsibility for half of the Walmart purchases and ATM withdrawals. He asserted that the order making him pay half, as opposed to another amount, was speculative. He advanced that the lower court erroneously shifted the burden on him to prove proper use of the funds. 

The evidence from the restitution hearing supports the finding that Mr. Union misused at least some of Ms. Miller’s funds. This included purchasing alcohol and shoes for himself and registering Ms. Miller’s car in another state for his personal benefit. The evidence also bolsters the district court’s finding that he had inadequate accounting. 

The state bears the burden of identifying the specific restitution amount. The evidence at the restitution hearing on its own was insufficient to find Mr. Union was responsible for one-half of the withdrawals and purchases rather than another amount. The record did not show how the ATM withdrawals were spent or what Mr. Union bought at Walmart. 

However, when Mr. Union entered a plea of no contest for mistreatment of a dependent adult, he did not contest the element of the crime that he took between $25,000 and $100,000. As a no contest plea constitutes an admission of the well pleaded facts of the case, it provides enough reliable evidence supporting the one-half restitution award. The plea established that the value of the taken property was at least $25,000, and the district court required him to pay just under $24,000. 

The highest court of Kansas vacates the restitution order directing Mr. Union to pay the nursing home but affirms the remainder of the restitution order. 

In Mississippi, the Vulnerable Persons Act (Mississippi Code § 43-47-1 ff.) provides criminal penalties for abuse, neglect, or exploitation of a “vulnerable person.” 

Who is a “vulnerable person”?

• Any person (child included) whose ability to perform the normal activities of daily living or to provide for his/her own care or protection is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging.
• Includes all residents or patients of a care facility.

How does the law protect vulnerable persons?

• The Act defines the crime, provides for mandatory reporting, and provides for protective services

What is the crime?

It is unlawful for any person to abuse, neglect, or exploit any vulnerable person.

What is exploitation?

• The illegal or improper use of a vulnerable person or his resources for another’s profit or advantage with or without the consent of the vulnerable person, and includes acts committed pursuant to a power of attorney.
• Includes a single incident.

What is the punishment?

• Misdemeanor Exploitation – (value exploited less than $250.00)
• Fine up to $5,000
• Imprisonment up to 1 year in the county jail
• Both fine and imprisonment
• Felony Exploitation – (value exploited more than $250.00)
• Imprisonment in the State Penitentiary up to 10 years
• Other charges can be used as well (i.e., forgery, embezzlement, rape, etc.) depending on the facts of the case.

Who has to report?

General Public

• Any person who knows or suspects that a vulnerable person has been or is being abused, neglected or exploited.
• Including, but not limited to, the following:
  • Attorney, physician, medical examiner, chiropractor or nurse engaged in the admission, examination, care or treatment of a vulnerable person
  • Health professional or mental health professional not otherwise specified
  • Practitioner who relies solely on spiritual means for healing
  • Social worker or other professional adult care, residential or institutional staff
  • State, county or municipal criminal justice employee or law enforcement officer
  • Human rights advocacy committee or long-term care ombudsman council member; or
  • Accountant, stockbroker, financial advisor or consultant, investment advisor or consultant, insurance agent or consultant, financial planner, or any officer or employee of a bank, savings and loan, credit union or any other financial service provider.

Care Facilities

• Any person who within the scope of his employment at a care facility or his professional or personal capacity who has knowledge of or a reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, neglect or exploitation.

What has to be reported?

The facts of what you know or suspect.

Who receives the reports?

In Private Homes: 

• The Department of Human Services Aging & Adult Service Vulnerable Persons Abuse Hotline (844-437-6282)
• Local law enforcement 

In Care Facilities:

• The Medicaid Fraud Control Unit of the Attorney General’s Office (800-852-8341)
• The Division of Health Facilities Licensure and Certification of Department of Health (800-227-7308)
• Long-term Care Ombudsman Program (800-948-3090 or 800-345-6347)