Guardianship (Missing Persons) Act 2017: Implementing the Act
Read the full outcome
Detail of outcome
The consultation sought views on the various measures required to implement the Guardianship (Missing Persons) Act 2017. Responses showed that the legislation is widely supported.
Respondents largely focused on the draft Code of Practice (a statutory requirement) that provides guidance for guardians. Issues highlighted included joint ownership (both of finances and property), gifting, access to confidential information and the personal liability of guardians. There was a call for greater simplification and clarification of the Code.
In the government’s response we have acknowledged concerns and improved these aspects in the Code of Practice, giving clearer direction to guardians. We have responded to calls for the Code to use accessible language as far as possible, given that it is providing advice on a variety of legal issues and scenarios.
Respondents also made comments on the proposed court procedures and regulations for guardians, and there was support for these being based on the existing working rules and regulations for Presumption of Death Act 2013 proceedings and supervision of Deputies appointed under the Mental Capacity Act 2005 respectively.
Original consultation
Consultation description
This consultation seeks views on the department’s proposals for bringing the Act into force with the object of implementing the Act as smoothly and successfully as practicable.
Scope of the consultation:
This paper seeks views on the content of the department’s proposals for:
- rules of court and related practice directions for guardianship proceedings;
- regulations relating to the registration and supervision of guardians by the Public Guardian;
- fees payable to the court and to the Public Guardian; and
- a code of practice providing guidance to guardians and persons making applications under the Act.
The consultation is aimed primarily at individuals who have or have had a missing relative or friend and for whom guardianship may be relevant, professionals who advise in this field, charities who provide help and advice to people affected by a disappearance and, businesses, organisations and institutions that have to deal with individuals trying to cope with the property and finance related consequences of a disappearance. The Ministry of Justice does, however, welcome views on its proposals from all individuals and organisations interested in this field.
Updates to this page
Published 19 December 2018Last updated 29 April 2019 + show all updates
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Government response published.
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First published.