Overview

The Guardianship (Missing Persons) Bill aims to provide a legal framework for managing the financial and property affairs of individuals who go missing. It establishes a system of guardianship orders, allowing the court to appoint a guardian to act on behalf of the missing person, ensuring their assets are protected and managed responsibly.

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 insufficiently precise to allow contact regarding their financial affairs. This also includes individuals detained in prison or other institutions.

Guardianship Orders

The bill allows for court applications to appoint a guardian for a missing person's property and financial affairs. The court can only make such an order if the missing person was domiciled in England and Wales, or if the application is made by their spouse or civil partner who meets residency requirements. The appointment must be in the missing person's best interests. An order can be made if the person has been missing for 90 days or if a decision is urgently required.

Guardian's Role and Powers

The guardian's role is to act in the best interests of the missing person and they can be appointed to manage all or specified aspects of the missing person's affairs, including selling property, making investments, or managing debts. However, this doesn’t include making wills or acting as trustees for others.

Supervision and Revocation

The Public Guardian will supervise guardians, including receiving reports and handling complaints. Guardianship orders can be varied or revoked by the court, automatically revoking upon the missing person’s death, the death of the guardian, or the expiry of their appointed term. Provisions are in place to protect third parties involved in transactions with the guardian before they become aware of any variation or revocation.

Multiple Guardians

The bill allows for the appointment of two or more guardians, with provisions for joint and sole responsibilities to be determined by the court.

Government Spending

The bill doesn't specify direct government spending figures but will likely incur costs associated with the Public Guardian's increased responsibilities in supervising guardians and maintaining a register of guardianship orders.

Groups Affected

Groups potentially affected include:

• Missing persons: Their financial and property interests will be protected.
• Families of missing persons: They may apply for guardianship orders and participate in court proceedings.
• Guardians: They will have responsibilities and liabilities under the law.
• The Public Guardian: Their responsibilities will increase.
• Financial institutions and third parties: Transactions with guardians will be subject to the provisions of the bill.

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