Guardianship (Missing Persons) Act 2017
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Change 1
1 Missing 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.
1 Missing 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.
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