When a loved one is missing, their close family and friends are of course going through an incredibly distressing time. When emotions are running high, and you’re deeply concerned for someone’s safety, arranging legal practicalities is naturally the last thing on your mind.
At Thornton Jones our expert solicitors can manage the necessary legal tasks, including assisting you to apply for a guardianship order under Claudia’s Law, also known as the Guardianship Missing Persons Act. We can offer detailed guidance, and complete necessary steps for you, so that you can look after your own wellbeing, and that of your loved ones.
What is Claudia’s Law?
Claudia’s Law is the common name for the Guardianship (Missing Persons) Act 2017.
It is known as Claudia’s Law because of the prominent case of Claudia Lawrence who went missing in 2009. Her father campaigned for a law which would allow the family of missing people to manage that person’s finances
This law came into effect on the 31st of July 2019.
Can I Use My Loved-One’s Property & Finance Lasting Power of Attorney To Care For Their Property And Finances If They Are Missing?
Family members may think to ask this in the first instance. In short, the answer is no.
When someone goes missing you may think that you are able to manage the missing persons’ property and financial matters if they have a Property and Finance Lasting Power of Attorney in place.
An Attorney is only able to use a Property & Finance Lasting Power of Attorney whilst the Donor has capacity and only if the Donor requests it. An Attorney can make decisions if the Donor loses mental capacity. As your loved one is missing, they are unable to provide the consent that you need in order to act under the Lasting Power of Attorney and therefore you have no authority to do so.
In addition, there is no evidence that they have lost capacity.
Who Can Apply For Guardianship of a Missing Person?
Anyone can apply for a Guardianship Order, but they must have “sufficient interest” in the missing person’s affairs.
If you are the husband or wife, civil partner, child, sibling, or parent of the missing person, then you are likely to have sufficient interest to apply. whether you are granted Guardianship however may depend on depend on anyone else who might apply and have an interest.
If you are not one of the above relatives, then you may still have sufficient interest, depending on your relationship to the client, and what reason you have for wanting to be Guardian of their finances.
How Can I Be Appointed As A Guardian For A Missing Person?
You can only get permission to manage a missing person’s property and finances from the Court. There is a fixed process for making the application, and we can help you at all stages of this.
We need a lot of information to complete the application and give the Court as much supporting evidence as possible, so you’ll need to gather together as much information as you can about the missing person’s finances, family, and general circumstances.
Once the application has been made, there will often be a Court hearing to allow the judge to ask any questions that they may have about the application, before they make the Guardianship Order.
If someone you know goes missing, the first step is to contact the police immediately. The police will assess the situation and determine whether the person is at risk. You may also want to inform close family members, friends, or colleagues. If the person has been missing for a significant period, and there are concerns about their safety, you may consider applying for a “presumption of death” order if they are later declared legally missing.
In the UK, there isn’t a specific time limit for when someone can be legally declared dead if they are missing. However, if a person has been missing for at least seven years and there is no evidence of their whereabouts, you can apply for a “presumption of death” order. This legal process allows the court to declare the person legally dead, which can help with issues such as inheritance or the distribution of assets.
If someone goes missing, you generally cannot manage their financial affairs unless you have legal authority to do so. One option is to apply for a “Lasting Power of Attorney” (LPA) in advance. If the missing person has not granted this, you may need to apply to the court for an order to manage their affairs. A “Deputyship” order can be requested from the Court of Protection to manage the finances of someone who is unable to manage their own, which may apply in cases of long-term disappearance where the individual is presumed dead.
What Kind Of Information And Evidence Do I Need To Have To Apply To Become A Guardian For A Missing Person?
The information and evidence you will need depends on the circumstances of the missing person and their family and finances.
The application will always need personal details of the missing person such as name, date of birth, address etc. but the Court will also expect to see evidence of them having been reported missing to the police and of the searches that have been carried out (by the police and by others) to try and locate them.
Should you find yourself in this situation, then please feel free to contact our Private Client team who will be able to assist you further.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
