CR28-921                   11/20/17




The State has charged (Def)_______________ with Financial Exploitation of a Vulnerable Adult, as follows:

            [Read the charge.]

            Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of this charge, the State must have proven each of these essential elements beyond a reasonable doubt. Here the essential elements are that on the date and at the place alleged,

(1)               (Def)_______________;

(2)               [used] [withheld] [transferred] [disposed of] [funds] [property] belonging to (victim)_______________;

(3)               (victim)_______________ was, at the time in question, a vulnerable adult;

(4)               (Def)_______________ [used] [withheld] [transferred] [disposed of] the [funds] [property] [without] [in excess of] legal authority;

(5)               (Def)_______________ [used] [withheld] [transferred] [disposed of] the [funds] [property] for wrongful profit or advantage; and

(6)               [he] [she] did so willfully.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ [used] [withheld] [transferred] [disposed of] the [funds] [property] of (victim)_______________. [To withhold funds is to keep them away from someone who has a right to access them.] The State has alleged that (Def)_______________ did so by (specific acts)_______________.

The third essential element is that (victim)_______________ was, at the date and times alleged, a “vulnerable adult.” A “vulnerable adult” is a person 18 years of age or older who [is a resident of a facility required to be licensed by the Agency of Human services, such as an assisted living residence, home for persons who are terminally ill, nursing home, residential care home, or therapeutic community residence] [is a resident of a psychiatric hospital or a psychiatric unit of a hospital] [has been receiving personal care and services from an agency certified by the Vermont Department of Aging and Independent living or from a person or organization that offers, provides, or arranges for personal care] [is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability that results in some impairment of the individual’s ability to (i) provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or (ii) protect himself or herself from abuse, neglect, or exploitation].

The fourth essential element is that (Def)_______________ [used] [withheld] [transferred] [disposed of] (victim)_______________’s [funds] [property] [without] [in excess of] legal authority. This means that (Def)_______________ acted without permission or other lawful authority [or beyond the authority that [he] [she] was actually granted].

The fifth essential element is that (Def)_______________ [used] [withheld] [transferred] [disposed of] (victim)_______________’s [funds] [property] for wrongful profit or advantage. The phrase “wrongful profit or advantage” includes [using] [withholding] [transferring] [disposing of] another person’s money or property without permission or other lawful authority for one’s own financial gain or purpose. Here the State must show that if (Def)_______________ [used] [withheld] [transferred] [disposed of] the [funds] [property] of (victim)_______________, [he] [she] did so for [his] [her] own gain, and not in the interests of or on behalf of (victim)_______________.

The last essential element is that (Def)_______________ committed these acts willfully. To act willfully means to act intentionally.  In other words, it means to do an act on purpose, and not inadvertently, because of mistake, or by accident.

All of the essential elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.