Explanatory Notes

Mental Capacity Act 2005

2005 CHAPTER 9

7 April 2005

Commentary on Sections

Part 1: Persons Who Lack Capacity

Independent mental capacity advocate service

Section 44: Ill-treatment or neglect

129.This section creates an offence of ill-treatment or wilful neglect of a person lacking capacity by anyone responsible for that person’s care, donees of LPAs or EPAs, or deputies appointed by the court.