Wednesday, 20 August 2008
The Mental Capacity Act introduces a new criminal offence of ill treatment and wilful neglect of a person who lacks capacity.
The offence could cover retraining someone unreasonably against their will, failure to provide adequate care and more commonly understood types of abuse e.g. financial, sexual, physical and psychological abuse.
The offence will apply to:
Anyone caring for a person who lacks capacity
Is an attorney appointed under a LPA or EPA
Is a deputy appointed for the person by the court.
If convicted people can be imprisoned or fined.
