Guardianship orders

Guardian's role: rights and powers etc
6
1
A guardianship order must appoint the guardian to exercise on behalf of the missing person—
a
all of the missing person's rights and powers in relation to the property or financial affairs to which the order relates, or
b
such of those rights and powers as are specified or described in the order,
(but see subsections (5) to (8)).
2
A guardianship order may—
a
impose duties on the guardian;
b
include conditions and restrictions.
3
The court's powers under subsection (2) include power—
a
to require the guardian to give the Public Guardian security for the exercise of the guardian's functions;
b
to require the guardian to submit to the Public Guardian such reports at such times or intervals as the court may direct;
c
to make provision suspending the guardian's authority to exercise rights and powers for a period.
4
The rights and powers that a guardian may be appointed to exercise include—
a
selling, letting or mortgaging the missing person's property;
b
making investments;
c
executing deeds and other documents;
d
recovering money owed to the missing person;
e
discharging debts and other obligations of the missing person (whether legally enforceable or not);
f
resigning trusteeships held by the missing person;
g
bringing or conducting legal proceedings;
h
making a gift out of the missing person's property.
5
A guardianship order has effect subject to the restrictions in subsections (6) to (8).
6
A guardian may not—
a
execute a will for the missing person, or
b
exercise a power vested in the missing person as a trustee in relation to another person's property.
7
A guardian may only make a gift out of the missing person's property if the guardianship order expressly authorises the making of the gift, the making of gifts of a description which includes the gift or the making of gifts generally.
8
Subsection (7) does not apply in relation to a gift made for the maintenance of, or otherwise for the benefit of, a dependant of the missing person.
9
“Dependant”, in relation to a missing person, means an individual who, if the missing person were not missing, would reasonably rely on the missing person to provide for his or her maintenance.
S. 6 in force at 31.7.2019 by S.I. 2019/1032, reg. 3