Guardianship (Missing Persons) Act 2017
| Jurisdiction | UK Non-devolved |
the person is absent from his or her usual place of residence,the person is absent from his or her usual day-to-day activities, andthe first or second condition is met.are not known at all, orare not known with sufficient precision to enable the person to be contacted for the purposes of decisions relating to his or her property and financial affairs.the person is unable to make decisions relating to his or her property and financial affairs or to communicate such decisions with a view to their implementation (or both) , andthe reason for that is something beyond the person's control, other than illness, injury or lack of capacity in relation to a matter (within the meaning of the Mental Capacity Act 2005) .(4) A person who is detained, whether in a prison or another place, is to be treated for the purposes of this Act as absent from his or her usual place of residence and usual day-to-day activities.(1) A person may apply to the court for an order appointing a guardian in respect of some or all of a missing person's property and financial affairs (a “guardianship order”) .the person was domiciled in England and Wales on the day before he or she was first known to be missing,the person had been habitually resident in England and Wales throughout the period of one year ending with that day, oris domiciled in England and Wales on the day on which the application is made, orhas been habitually resident in England and Wales throughout the period of one year ending with that day.(3) If a person is missing for two or more separate periods, the reference in subsection (2) (a) to the day before he or she was first known to be missing is to be read as a reference to the day before the latest period began.(1) The court may make a guardianship order on an application under section 2 if subsection (2) or (3) of this section applies (and see also sections 19 and 20) .the person whose property or financial affairs are the subject of the application is missing,the person was missing throughout the period of 90 days ending with the day on which the application was made,in all the circumstances, the appointment of a guardian in respect of property or financial affairs of the missing person is in the missing person's best interests (see section 18) , andthere is a person who could be appointed as guardian (see the requirements in section 4(1) ) ,subsection (2) does not apply because (and only because) the absence condition is not met, buta decision is needed, or is likely to be needed, in relation to property or financial affairs of the missing person before the day on which that condition would be met,(4) The court must send a copy of a guardianship order to the Public Guardian.(5) The Secretary of State may by regulations made by statutory instrument amend subsection (2) (b) by increasing or reducing the period for the time being specified there.(6) Regulations under this section may include transitional, transitory or saving provision.(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.is an individual aged at least 18 or a trust corporation (as defined in section 68 of the Trustee Act 1925) ,consents to the appointment,is suitable to act as the guardian of the property or financial affairs, andif appointed, will act in the missing person's best interests (see section 18) .the proposed guardian's relationship with the missing person;the missing person's views on the proposed guardian, so far as they are known to, or reasonably ascertainable by, the court;whether the proposed guardian has the skills and knowledge necessary to carry out the functions proposed to be conferred on the proposed guardian by the guardianship order;any conflict between the proposed guardian's interests and the missing person's interests.any connection between the proposed guardian's property and financial affairs and the missing person's property and financial affairs, andhow any such connection might affect the taking of decisions by the proposed guardian if appointed.is the missing person's spouse, civil partner, parent, child, sibling or other relative,was living with the missing person
To continue reading
Request your trial