Search Legislation

Guardianship (Missing Persons) Act 2017

Status:

This is the original version (as it was originally enacted).

1Missing persons

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources