Adults with Incapacity Amendment Act: consultation
Making financial abuse of an adult lacking capacity a criminal offence
Presently the Adults with Incapacity (AWI Act) states that it is a criminal offence for anyone with powers under the AWI Act relating to the personal welfare of an adult to ill-treat or wilfully neglect that adult.
A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both. On conviction on indictment a person guilty of this offence is liable to imprisonment for a term not exceeding 2 years or to a fine, or both.
We are suggesting that there is an equivalent criminal offence for financial abuse of an adult lacking capacity, with similar liability as welfare. We know that welfare and financial abuse often come hand in hand. We hear that because of a lack of a specific criminal offence under the AWI Act, there can be uncertainty over whether a criminal offence has occurred, or whether it is a civil matter.
We think financial abuse of an adult lacking capacity is a criminal matter and whilst it can be prosecuted under other criminal charges like embezzlement, fraud or theft, there is merit to having a specific criminal offence of this kind. Adults with incapacity are one of the most vulnerable sectors in our society and already have a specific welfare offence of ill-treatment and wilful neglect. As such we think they deserve the profile of having a specific offence of financial abuse.