Claudia’s Law, also known as The Guardianship Missing Persons Act 2017, permits a person to become the guardian of their missing loved one’s estate, and to manage their finances.

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 a missing person to manage that person’s finances.

This law came into effect on the 31^st of July 2019.

When an individual has been classified as a missing person for ninety days, or more, a suitable individual can make a guardianship application, usually a family member or a close friend.

The Guardianship Missing Persons Act 2017 and Claudia’s Law are two different names for the same law. Both allow an individual to apply to become a guardian over the estate of a missing loved one. Once a guardianship order has been approved, the guardian can manage the person’s property and affairs while they are missing.

In short – no.

An LPA for property and financial decisions can only be used whilst the Donor has capacity and if the Donor requests it. When a loved one is missing, they cannot request that the appropriate individual acts under the LPA, and therefore there is no authority to do so.

A guardian’s powers after Claudia’s law will vary according to the conditions of that particular guardianship order. The Court will review the details of the case and grant the powers that they deem to be appropriate in regard to the situation.

Typically a guardian’s powers will involve dealing the missing person’s property, they might rent out the individual’s home, or refinance their home.

The guardian may have the power to invest on the missing person’s behalf, manage their debts, and or ensure that the missing person’s loved one’s are financially covered, by making gifts from the missing persons’ estate.

The guardian has these powers whilst a person is known to be missing. Where it is tragically discovered that the missing person has passed away, it is then necessary to contact the Office of Public Guardian.

The guardianship is revoked once the missing person is known to have died, or under certain circumstances, where they are presumed to have died.

We appreciate that these circumstances are devastating and whilst legal assistance cannot solve the grief you and your family are experiencing, we can help to relieve you of the burden of certain legal tasks.

To become a guardian under the Guardianship Missing Persons Act, the person must be at least 18 years old, and they will need to consent to taking on this role. The individual applying for a Guardianship Order must be judged as having a ‘sufficient interest’ in the missing person’s affairs.

If you are the husband/wife, civil partner, child, sibling or parent of the missing person, then you are likely to have sufficient interest to apply, however, this will also depend on who else might 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 why you would like to be Guardian of their finances.

The Court will need to believe that the applicant is appropriate guardian for the missing person’s finances and property.

You can only get permission to manage a missing person’s property and finances from the Court. There is a fixed application process which you must follow, and our solicitors can assist you throughout all of the necessary stages.

A lot of information is needed to complete the application, providing the Court with as much supporting evidence as possible. Before and during the application stages it is necessary to gather 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 they may have about the application, before they make the Guardianship Order.

The information and evidence you will need depends on the circumstances of the missing person, their family, and finances.

The application will always need personal details of the missing person including their name, date of birth, usual address etc. The Court will also expect to see evidence of them having been reported missing to the police and of the searches that have been conducted (by police and by others) in attempt to locate them.

One issue with Claudia’s law is that it can be difficult to determine if the actions that the guardian takes represent what the missing person would have wanted. It can be difficult to establish what someone’s intentions are for their finances and property, particularly where they do not have a Will.

Regardless of these concerns, the Court ensures to consider many factors when appointing a guardian, to ensure that this person will act with the missing persons best interests in mind.

If you have any concerns about your role as a guardian, or the capacity of someone else to act as a guardian, our legal team can help you with this.