29 Apr Consultation outcome: Guardianship (Missing Persons) Act 2017: Implementing the Act
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.
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