Guardianship orders
4Choice 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.