1011. Ill-treatment or wilful neglect under the Mental Capacity Act 2005.

A person ('D') who:

  1.  

    (1)     has the care of a person ('P') who lacks, or whom D reasonably believes to lack, capacity1;

  2.  

    (2)     is the donee of a lasting power of attorney2, or an enduring power of attorney3, created by P4; or

  3.  

    (3)     is a deputy5 appointed by the Court of Protection6 for P7,

is guilty of an offence if he ill-treats or wilfully neglects P8.

1011     Ill-treatment or wilful neglect under the Mental Capacity Act 2005

note 1—The Mental Capacity Act 2005 s 44 does not create an absolute offence; actions or omissions that reflect or are believed to reflect the