Mental Capacity Act 2005

44Ill-treatment or neglectE+W

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(1)Subsection (2) applies if a person (“D”)—

(a)has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,

(b)is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or

(c)is a deputy appointed by the court for P.

(2)D is guilty of an offence if he ill-treats or wilfully neglects P.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

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