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Guardianship (Missing Persons) Act 2017 (c. 27)

Guardianship (Missing Persons) Act 2017 2017 CHAPTER 27 An Act to make provision about the property and affairs of missing persons; and for connected purposes. [27th April 2017] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Legislation

Table of Content

1. Guardianship orders E+W

2. Applying for a guardianship order E+W

3. Making a guardianship order E+W

4. Choice of guardian E+W

5. Guardian's role: property and financial affairs E+W

6. Guardian's role: rights and powers etc E+W

7. Guardians E+W

8. Guardians and effect of guardianship order E+W

9. Expenses, remuneration and records E+W

10. Directions by the court to guardians E+W

11. Variation and revocation of guardianship orders E+W

12. Variation of guardianship order E+W

13. Revocation of guardianship order E+W

14. Automatic revocation E+W

15. Two or more guardians E+W

16. Supervision of guardians E+W

17. Missing person's best interests E+W

18. Applications, intervention and codes of practice E+W

19. Requirement for applicants to have sufficient interest E+W

20. Giving notice of applications E+W

21. Right to intervene E+W

22. General E+W

23. The court E+W

24. Interpretation E+W

25. Expiry of period of appointment of a guardian E+W

1. Guardianship orders E+W

2. Applying for a guardianship order E+W

3. Making a guardianship order E+W

4. Choice of guardian E+W

5. Guardian's role: property and financial affairs E+W

6. Guardian's role: rights and powers etc E+W

7. Guardians E+W

8. Guardians and effect of guardianship order E+W

9. Expenses, remuneration and records E+W

10. Directions by the court to guardians E+W

11. Variation and revocation of guardianship orders E+W

12. Variation of guardianship order E+W

13. Revocation of guardianship order E+W

14. Automatic revocation E+W

15. Two or more guardians E+W

16. Supervision of guardians E+W

17. Missing person's best interests E+W

18. Applications, intervention and codes of practice E+W

19. Requirement for applicants to have sufficient interest E+W

20. Giving notice of applications E+W

21. Right to intervene E+W

22. General E+W

23. The court E+W

24. Interpretation E+W

25. Expiry of period of appointment of a guardian E+W

Section 1

1. Guardianship orders E+W

(1) For the purposes of this Act, a person is “missing” if— (a) the person is absent from his or her usual place of residence, (b) the person is absent from his or her usual day-to-day activities, and (c) the first or second condition is met. (2) The first condition is met if the person's whereabouts— (a) are not known at all, or (b) are 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. (3) The second condition is met if— (a) 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), and (b) the 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. Commencement Information I1 S. 1 in force at 31.7.2019 by S.I. 2019/1032 , reg. 3

Section 2

2. Applying for a guardianship order E+W

(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”). (2) The court has jurisdiction to hear and determine an application under this section in relation to property or financial affairs of a missing person only if— (a) the person was domiciled in England and Wales on the day before he or she was first known to be missing, (b) the person had been habitually resident in England and Wales throughout the period of one year ending with that day, or (c) the application is made by the person's spouse or civil partner and the applicant— (i) is domiciled in England and Wales on the day on which the application is made, or (ii) has 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. Commencement Information I2 S. 2 in force at 31.7.2019 by S.I. 2019/1032 , reg. 3