Sadly, there have been some recent high profile cases in the media involving missing persons such as the heartbreaking and tragic stories behind the disappearance of Nicola Bulley, Michael Mosely and Jay Slater, to name a few.
My heart goes out to all the families and friends of those involved, their lives will undoubtedly have changed forever.
When a loved one goes missing, amid the obvious concerns for their welfare and search efforts, managing their financial affairs is an additional and sometimes overlooked burden for the families involved.
It is therefore worth remembering that the Guardianship (Missing Persons) Act 2017 provides a legal framework to help families handle these responsibilities.
Understanding the Guardianship (Missing Persons) Act 2017
The Guardianship (Missing Persons) Act 2017 allows for the appointment of a guardian to manage the financial and property affairs of a person who has been missing for 90 days or more. This legal mechanism ensures that the missing person’s affairs are not neglected, protecting their assets and obligations during their absence.
Steps Required Under the Act
- Determine Eligibility
- The missing person must have been absent for at least 90 days.
- Evidence of the person’s disappearance and the duration of their absence is required.
- The applicant (usually a close family member or friend) must demonstrate a sufficient connection to the missing person.
- Application Process
- Gather Documentation: Collect all necessary documents, including proof of the missing person’s identity, evidence of their absence, and any relevant financial information.
- Submit the Application: Applications are made to the High Court.
- Notice and Consent: Notify other interested parties, such as other family members, of the application. They will have the opportunity to object or be involved in proceedings.
- Court Hearing
- At the hearing the court will consider the application and determine if the appointment of a guardian is in the best interest of the missing person.
- Appointment of a Guardian
- If the court approves, a guardian will be appointed. The guardian has legal authority to manage the missing person’s financial and property affairs.
- Guardians must act in the best interest of the missing person and can make decisions regarding paying bills, property maintenance, and other financial matters.
Responsibilities of a Guardian
Once appointed, the guardian has specific duties, including:
- Managing Finances: Paying bills, collecting income, and managing investments.
- Property Maintenance: Ensuring the missing person’s property is secure and maintained.
- Record Keeping: Keeping detailed records of all transactions and decisions made on behalf of the missing person.
- Reporting to the Court: Providing regular reports to the court on the financial management and any significant decisions.
The Guardianship (Missing Persons) Act 2017 provides a vital legal tool for managing the financial affairs of a missing person in England and Wales. By appointing a guardian, families can ensure that their loved one’s financial responsibilities are met and their property is protected during their absence. While the process may be challenging, understanding the steps and seeking appropriate support can make it more manageable.
For more detailed information and guidance on dealing with the affairs of a missing person please contact our Inheritance Tracing team on 0114 218 4391.