MCA s44 text: Difference between revisions
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Latest revision as of 23:07, 5 August 2015
Ill-treatment or neglect
44.—(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 12 months 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.
Amendments
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.