Dealing with the affairs of a missing person

The emotional stress of a family member of loved one going missing cannot be overstated. However, many families facing such circumstances find that their inability to deal with the property and financial affairs of someone who has gone missing is almost as stressful as the emotional trauma. To date, it has often taken families seven years to obtain a Declaration of Death when faced with the someone going missing. This can often involve many applications and a lot of money in legal fees.

The Presumption of Death Act 2013 now permits a person with a "sufficient interest" in the property of a missing person to apply to Court for guardianship. Most readers will be familiar with the powers and duties of a Deputy and the guardian of a missing person's affairs will have similar powers and duties. The Appointee will be obliged to act in the best interests of the missing person and will be subject to over-arching supervision by the Office of the Public Guardian. Unsurprisingly, the guardian will be required to file annual accounts with the Court of Protection in exactly the same way as a Deputy is required to do. The initial period of guardianship will be for four years but it will be possible to make an application for a further term in the event that the missing person has not been found.

Whilst the above proposals have not yet been implemented, the proposal has received the support of all political parties and so is very likely to be enacted during the next Parliament.

If you are facing such difficult circumstances or require advice on Deputies or guardianship more generally, contact us.