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Mental Capacity Act 2005

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    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.

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