Making an application to appoint a guardian to manage the property and financial affairs of a missing person


Published by a UUÂãÁÄÖ±²¥ Private Client expert
Practice notes

Making an application to appoint a guardian to manage the property and financial affairs of a missing person


Published by a UUÂãÁÄÖ±²¥ Private Client expert

Practice notes
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Background

According to the Charity Missing People, around 170,000 people are reported missing in the UK each year. A person who disappears is presumed to be alive until the contrary is declared.

Since October 2014, it has been possible to obtain a declaration of presumed death under the Presumption of Death Act 2013 once a person has not been known to be alive for a period of at least seven years. However, in the intervening period before a person can be presumed dead, or in circumstances in which the person is believed still to be alive, there may be nobody with Authority to deal with their property and financial affairs, which can have serious implications for the missing person and their dependants.

To resolve this problem the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017) provides a statutory framework within England and Wales for a guardian to be appointed to deal with the missing person’s property and financial affairs. G(MP)A 2017 is supported by a Code of

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Jurisdiction(s):
United Kingdom
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Key definition:
Charity definition
What does Charity mean?

A charity is an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities (Charities Act 2011, s 1)

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