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, ensuring their financial interests are protected while their whereabouts are unknown.

Description

Guardianship Orders

The bill outlines the process for applying to the High Court for a Missing Person Guardianship Order. Applications can be made by close relatives (spouse, civil partner, parent, child, sibling, grandparent, grandchild, uncle, aunt, nephew or niece) who demonstrate sufficient interest. The court must hear the application within 30 days. To be considered "missing," a person must have been uncontactable for at least 90 days and reasonable efforts to locate them must have been made. The court can appoint one or more guardians to manage all or part of the missing person's estate.

Guardian's Powers and Duties

Guardians must act in the best interests of the missing person, managing their finances, property, and affairs. Powers include collecting debts, investing money, selling property (with court approval), paying debts, and bringing legal actions. They must submit yearly accounts to the Office of the Public Guardian. Guardians are not personally liable for the missing person's debts unless due to fraud or wilful negligence.

Safeguards

The bill includes safeguards to protect the missing person's interests. These include the right for close relatives and the Attorney General to intervene in court proceedings, requirements for regular accounting, and the ability to remove a guardian for misconduct or if the missing person is found. The court can also open and read any document purported to be the missing person's will.

Other Provisions

The bill specifies eligibility criteria for guardians, remuneration rules, notification procedures, and the duration of guardianship orders (up to four years, renewable once). It also details the process for resolving matters once the missing person is located or declared dead.

Government Spending

The bill doesn't directly specify government spending figures. However, the establishment of the guardianship process and the oversight role of the Office of the Public Guardian may lead to increased administrative costs for the government. The exact amount is undetermined.

Groups Affected

Missing Persons: Their financial affairs will be managed during their absence.
Relatives of Missing Persons: They have the right to apply for a guardianship order and participate in legal proceedings.
Guardians: They will have responsibilities and legal powers concerning the missing person's estate.
Creditors and Beneficiaries: They have the right to make applications to the court regarding the administration of the estate.
Office of the Public Guardian: Increased workload and administrative responsibilities.

Powered by nyModel