Guardianship (Missing Persons) Act 2017

4 Choice of guardian

(1) The court may only appoint a person as a guardian in respect of property or financial affairs of a missing person if it is satisfied that the person—

(a) is an individual aged at least 18 or a trust corporation (as defined in section 68 of the Trustee Act 1925),

(b) consents to the appointment,

(c) is suitable to act as the guardian of the property or financial affairs, and

(d) if appointed, will act in the missing person’s best interests (see section 18).

(2) For the purposes of determining whether a person (“the proposed guardian”) is suitable to act as the guardian of property or financial affairs, the court must, among other things, have regard to—

(a) the proposed guardian’s relationship with the missing person;

(b) the missing person’s views on the proposed guardian, so far as they are known to, or reasonably ascertainable by, the court;

(c) 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;

(d) any conflict between the proposed guardian’s interests and the missing person’s interests.

(3) For the purposes of determining whether there is a conflict between the proposed guardian’s interests and the missing person’s interests, the court must, among other things, consider—

(a) any connection between the proposed guardian’s property and financial affairs and the missing person’s property and financial affairs, and

(b) how any such connection might affect the taking of decisions by the proposed guardian if appointed.

(4) There is not a conflict between the proposed guardian’s interests and the missing person’s interests merely because the proposed guardian—

(a) is the missing person’s spouse, civil partner, parent, child, sibling or other relative,

(b) was living with the missing person immediately before that person became a missing person, or

(c) may benefit from being appointed as guardian, whether directly or indirectly.

(5) The court may make a guardianship order appointing a person as a guardian whether or not the person is proposed in the application for the order.