How can I be protected if the deputy or donee abuses his or her powers?
There are safeguards provided in the Mental Capacity Act to protect people who lack mental capacity:
- The Public Guardian, who is supported by the Office of the Public Guardian, has supervisory and investigative powers, including looking into alleged abuses or misuse of powers. Where the Public Guardian finds that the deputy or donee has not behaved in the best interests of the person lacking in capacity, the Public Guardian may apply to Court to revoke the power of that deputy or donee.
- The Act prohibits certain decisions (e.g. excluded decisions) from being made on behalf of persons who lack capacity.
- To encourage reporting of suspected abuse, caregivers are provided with whistle-blowing protection.
- The Act also makes the ill-treatment of persons who lack capacity a criminal offence.