Sufficient Evidence Supported Conviction on 39 Counts of Abuse of a Vulnerable Adult.

The defendant was the nephew of an elderly man who had been cared for by his longtime partner. After his partner could no longer care for him, the defendant moved in with the uncle and began providing him with care. He immediately obtained a power of attorney. During the year that he lived with his uncle, the defendant transferred a number of assets of the uncle to himself through the power of attorney. Shortly before the uncle’s death, the defendant was charged with knowing and intentional abuse of a vulnerable adult, attempted theft by deception, and attempted knowing and intentional abuse of a vulnerable adult. The defendant was convicted on 39 counts of abuse. On appeal,  the court ruled that the evidence was sufficient to show that the uncle was a vulnerable adult and that he had a mental or functional impairment during the time in question. The evidence showed that the uncle could no longer care for himself and that he was consistently confused. A CT scan had revealed that the uncle’s brain had shrunk due to dementia. The evidence established that the defendant used his power of attorney not for the benefit of the uncle, but to assure that he and his siblings would benefit from the uncle’s property.The district court did not give the jury misleading, confusing, or incomplete jury instructions.  State v. Rakosnik, 22 Neb. Ct. App. 194 (2014).