Overview

This bill establishes a legal framework for managing the financial and property affairs of missing persons in England and Wales. It allows for the appointment of a guardian to act on behalf of the missing individual, ensuring their assets are protected and managed in their best interests.

Description

Defining a Missing Person

The bill defines a "missing person" as someone absent from their usual residence and daily activities, where their whereabouts are unknown or imprecise enough to prevent contact regarding their financial affairs, and their inability to manage their affairs is beyond their control (excluding illness, injury, or lack of capacity as defined in the Mental Capacity Act 2005). Detained individuals are also considered missing.

Guardianship Orders

The bill allows for the application to court for a guardianship order. The court can appoint a guardian if the missing person meets the definition above, has been missing for 90 days (or less if urgent decisions are needed), and the appointment is in the missing person's best interests. The court considers the suitability of potential guardians, including their relationship to the missing person and potential conflicts of interest. Guardians can manage all or part of the missing person’s property and finances, with the order outlining their powers and responsibilities. The Public Guardian will oversee these Guardians.

Duration and Revocation

Guardianship orders are valid for a maximum of four years, but can be extended or revoked by the court. The court may also vary an order at any time. Automatic revocation occurs upon the missing person's death, declaration of presumed death, the guardian's death, or expiry of their term. The bill includes provisions to protect the guardian and third parties from liability in case of unforeseen events like revocation without prior knowledge.

Multiple Guardians

The bill permits the appointment of multiple guardians, either jointly or with separate responsibilities. The court decides on the exact arrangement.

Government Spending

The bill does not specify a direct cost to the UK government. However, there will be increased administrative costs associated with the Public Guardian's new supervisory role, managing the register of guardianship orders, and dealing with complaints.

Groups Affected

• Missing Persons: Their financial and property affairs will be protected and managed.
• Families of Missing Persons: They may apply for guardianship orders and will have a say in the process.
• Appointed Guardians: They will have significant responsibilities and are subject to court supervision and the oversight of the Public Guardian.
• The Public Guardian: Their responsibilities will increase to include overseeing guardians and maintaining a register of guardianship orders.
• Courts (High Court and Court of Protection): They will hear applications and oversee the process.

Powered by nyModel