Guardianship orders

6Guardian’s role: rights and powers etc

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.