Guardianship

Guardianship 2018-06-12T13:24:09+00:00

When someone goes missing, it can be hard for their loved ones to know what to do about their money and affairs. Until now, it hasn’t been possible for anyone to legally manage a missing person’s affairs on their behalf. However, the law on this is due to change very soon.

The Guardianship (Missing Persons) Act 2017 has been given Royal Assent but has not yet been finalised. The associated rules and regulations that will govern the Act are still being decided upon.

This new law has been discussed a great deal in the press. It’s often referred to as ‘Claudia’s Law’, as the family of missing York resident Claudia Lawrence are among those who have campaigned to bring this new law into force.

It is hoped that the new Guardianship law will come into effect in autumn 2018, but no date has yet been confirmed

How will the Guardianship Law Work?

Under the new law, it will be possible to apply for a court order to be appointed as Guardian over a missing person’s money and estate. Applications will be accepted once an individual has been missing for at least ninety days.

When a Guardian is appointed, they’ll be responsible for making decisions in the best interests of the missing person. They may therefore be able to take action such as:

  • Selling, renting or re-mortgaging property
  • Investing money
  • Recovering debts owed to the missing person
  • Bringing or continuing legal proceedings on behalf of the missing person
  • Giving gifts that the missing person would likely have made, such as for birthdays or weddings of family members

The Courts will decide what rights a Guardian should be given in each individual case.

If your loved one has been missing for 7 years or more, or you have clear evidence that they have passed away, you may wish to consider applying for a Declaration of Presumed Death, to allow you to administer their estate.

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Who will be Entitled to Apply?

If your spouse, civil partner, parent, child or sibling has been missing for more than ninety days, you may be entitled to apply for Guardianship.

The right person to be appointed will be different in each case, and will depend on the family and relationships the individual in question has left behind.

If you think you may be entitled to apply for Guardianship on behalf of a missing person, please get in touch.

We will be able to advise you on the likelihood of your application being accepted, or whether it might be best if it were made by another family member.

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