The Guardianship (Missing Persons) Act 2017 can be very important when it comes to settling a given individual’s estate. Laura Richardson explains more . . .
To declare someone as officially missing in the UK involves filing a ‘missing person report’ with your local police station. Around 200,000 people are declared missing in the UK each year, but thankfully most of these are soon found alive and well. However, when someone has been officially missing for some time it can not only be extremely worrying and distressing for their loved ones but can also cause major financial and legal issues.
A fishing boat sank off the Sussex coast this weekend, leaving two crewmen unaccounted for despite extensive searches carried out by the Coastguard. Sadly in this situation, it is extremely unlikely that either of the missing fishermen survived. However, since the bodies of the two missing fishermen have not been found, they cannot be legally declared dead. This leaves the missing fishermen’s family and friends in a difficult situation in the meantime. Not only do they not know for certain whether their loved one is dead or alive, the family of a missing person has no immediate legal right to make important financial decisions on behalf of the missing person. This could lead to bills being unpaid, debts mounting or even a family home being repossessed.
Previously, a family member had to apply for the missing person to be declared as “presumed dead” in order to be able to deal with their financial and legal affairs. As a missing person can only be declared as “presumed dead” after they have been officially missing for a period of 7 years, this meant that for 7 years nobody was legally entitled to take control of a missing person’s affairs! However, The Guardianship (Missing Persons) Act 2017 was brought into force in July 2019 to allow family members of a missing person to be able to take control of the missing person’s finances after just 90 days of them being officially missing.
Under the Guardianship (Missing Persons) Act 2017 certain relations of a missing person can apply to the court to be granted the responsibility of acting as Guardian for the missing person’s financial and property matters. The appointed Guardian has legal accountability to act in the best interests of the missing person and therefore any decisions or actions made by the Guardian that fail to meet this standard can be challenged in a Court of Law.
Therefore if you are considering making an application under The Guardianship (Missing Persons) Act 2017, it is highly advisable to seek legal advice from a suitably experienced Solicitor such as at Andrew Douglas Wills & Legal Services. Our team can ensure that you fully understand the legal requirements of the role and are in a position to be able to carry out the prescribed duties of a Guardian. For further information or to arrange your free initial consultation, contact Andrew Douglas Wills & Legal Services today!
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