Mississippi: State high court scrutinizes vulnerable adult case; Woman was convicted of taking money from her elderly mother

By Jimme E. Gates The Clarion-Ledger JACKSON, Miss. (AP) -- At what point do a family member's actions become exploitation of an elderly, vulnerable parent? That was the subject of a debate played out Wednesday during oral arguments before the state Supreme Court of a West Point woman's appeal of her conviction of exploitation of a vulnerable adult. In 2008, Vanessa Francis Decker was convicted by a Clay County Circuit Court jury of the crime for using $4,120 of her mother's money, even though some family members said her mother gave her permission. The crux of the argument is the constitutionality of the state law protecting vulnerable adults as it relates to Decker's case and other similar cases. "This statute is not to help but to restrict the liberty of a vulnerable adult," Decker's attorney, Jim Waide of Tupelo said before the court. It's common for elderly parents to allow one of their children to access their account and use money from the account, Waide said in asking the court to reverse the conviction. Assistant Attorney General Stephanie Wood argued the law is violated when a person uses a vulnerable adult's money on someone other than the vulnerable adult even if the elderly person gave permission. Decker used the money for purposes other than her mother, Wood said. She said consent isn't an element of the law. "It's like a 12-year-old can't consent to sex," Wood said. There was no dispute that Decker's mother was a vulnerable adult. She was 84 years old with short-term memory loss and unable to live on her own. The case was prosecuted after a relative and Decker had an argument and the relative contacted the attorney general's office, Waide said. Some of Decker's siblings testified at her trial that their mother gave Decker permission to write checks and use money from her account. Waide said the law doesn't spell out what is improper or illegal. The grand jury indictment said Decker spent her mother's money without her consent. Waide said that is another reason Decker's conviction should be reversed. He said the indictment was never amended. Wood said it was spelled out in jury instructions. Waide said Decker's mother, Nannie Mae Morris, had short-term memory loss at the time, but there were no witnesses who said Morris made an irrational decision when she gave her daughter permission to use money from her account. Justice Jim Kitchens asked hypothetically whether, under the law, a person who spends a vulnerable adult's money to buy a chicken can eat any of the chicken? Some justices said elderly family members often give their children money to spend. Wood said a vulnerable adult can spend his or her money the way she wants, but another person can't spend that person's money on someone else. "It depends on who the actor is," Wood said. Waide indicated Decker spent the money on her son who was in a Memphis hospital. Decker's mother lived with her for a while, but the conviction stems from actions when her mother was living elsewhere. Decker initially was indicted on four counts of exploitation of a vulnerable adult, but one count was dismissed and jurors didn't convict her on two counts. Each count reflected a different time period between November 9, 2005, and April 5, 2007, according to court records. Decker was ordered to serve a four-year suspended sentence and to pay a fine of $250 plus court costs and restitution in the amount of $4,120. Decker's sentence is to remain suspended unless she violates the terms of her probation or fails to pay her fine, restitution or costs, according to court records. The Mississippi Court of Appeals upheld Decker's conviction last year. The decision was then appealed to the state Supreme Court. Published: Fri, May 13, 2011