This briefing is an introduction to two complementary pieces of
legislation which are of relevance in circumstances where an
individual has gone missing. These are the Guardianship (Missing
Persons) Act 2017 and the Presumption of Death Act 2013. The former
is available where it is desired to appoint a guardian to manage
the assets of a missing person, and the latter is designed to
enable declarations of death to be obtained in appropriate
circumstances.
It has to be said that neither piece of legislation is without
its challenges, and although devoted to closely linked issues, they
are not designed as a unified code.
The Guardianship Act
The Guardianship Act is a very detailed and prescriptive piece
of legislation. The Act itself is long, having regard to its
limited subject matter. There are then the rules in CPR57.25 to
57.32 and accompanying notes, and Practice Direction PD57C,. There
is then the 81 page Code of Practice published by the Ministry of
Justice
