Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Office of the Public Guardian definition

What does Office of the Public Guardian mean? The Office of the Public Guardian is the public body that registers and oversees powers of attorney and court‑appointed decision‑makers for adults who may lack capacity, and investigates safeguarding concerns. In England and Wales, it is a Ministry of Justice agency under the Mental Capacity Act 2005. It keeps the registers of lasting and enduring powers of attorney, supervises Court of Protection deputies and investigates concerns. In Scotland, the Office of the Public Guardian (Scotland) under the Adults with incapacity (Scotland) Act 2000 registers powers of attorney, runs the Access to Funds scheme, supervises financial guardians and interveners appointed by the...

Guardianship of missing persons under the Guardianship (Missing Persons) Act 2017—duties, powers, practical steps, OPG supervision, HM Land Registry, costs and reporting (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

This Practice Note sets out guidance on acting as a guardian for a missing person under the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017). It explains guardians’ powers and obligations, how supervision by the office of the public guardian (OPG) operates, and practical first steps on appointment. For advice on when it is appropriate to seek the appointment of a guardian under the G(MP)A 2017, and the procedure for issuing a claim, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on changing, ending or renewing a guardianship order, see Practice Note: Changing, ending or renewing a guardianship for a missing person.

Duties of the guardian

A guardian must comply with duties set by their guardianship order, the G(MP)A 2017, and any secondary legislation made under that Act. As the guardian is regarded as the agent of the missing person, obligations arising under the law of agency also apply. The principal duties of a guardian are outlined below.

Duty to act in the missing person’s best interests

Any decisions the guardian makes...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 29/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...