Overview

This bill establishes a legal framework for managing the affairs of missing persons in England and Wales. It allows for the appointment of a guardian to manage the missing person's estate while their whereabouts are unknown, ensuring their financial affairs are handled responsibly and in their best interests.

Description

The Missing Persons Guardianship Bill outlines the process for appointing a guardian for the estate of a missing person. An application can be made to the High Court by specified close relatives. The court will only hear the application if the applicant has a sufficient interest and the missing person meets specific criteria, including being missing for at least 90 days without contact with family or friends. The court must appoint a guardian if it's in the missing person's best interests to manage their financial affairs.

Eligibility and Duties of the Guardian

The court can appoint various individuals as guardians, prioritizing those who act in the best interest of the missing person and have sufficient expertise. The guardian's duties include managing the missing person's assets, paying debts, and acting in their best interests while following the guidelines set out in the Act.

Safeguards and Oversight

The bill includes safeguards, such as regular account filings with the Office of the Public Guardian, the ability for interested parties to apply to the court, and provisions for removing or replacing a guardian if necessary. The guardian is accountable for their actions and must act with reasonable care and skill. The bill also outlines procedures for handling the estate if the missing person is found or declared dead.

Government Spending

The bill doesn't directly specify the impact on UK government spending. However, it will likely involve administrative costs associated with overseeing the court processes, including the Office of the Public Guardian's role in reviewing accounts and handling security provisions.

Groups Affected

• Missing Persons: Their financial affairs will be managed by a court-appointed guardian.
• Families of Missing Persons: They can apply for guardianship and are kept informed about the process.
• Guardians: They gain legal authority to manage the missing person's estate, subject to court oversight and accountability.
• Creditors and other interested parties: They have rights to intervene in the process and make applications to the court.
• Office of the Public Guardian: This office will have increased responsibilities in overseeing guardians' actions and accounts.
• High Court: The court will handle applications and oversee the administration of estates.

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