Assisted Decision-Making (Capacity) Act 2015


Offence of ill-treatment or wilful neglect

145. A decision-making assistant, co-decision-maker, decision-making representative, F159[attorney or designated healthcare representative for a relevant person] who ill-treats or wilfully neglects the relevant person shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine and imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both.




Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 94, S.I. No. 194 of 2023.

Editorial Notes:


A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.