Missing Persons Guardian

Missing Persons Guardian.

The Court of protection has confirmed that it is to allow a new legal position where a person can take over managing the financial affairs of a missing person. This has been created following government instruction to relieve the pain, suffering and potential financial difficulty for loved ones when a person disappears. The new legal position will be known as a missing persons guardian. The Guardian can be a professional body or professional person but usually it wall be a close family member or relative or somebody with a financial interest in the missing person.

The position of guardian will be overseen by the office of the Public Guardian in the same way that the OPG overseas the appointment and supervision of lasting powers of attorney (LPA) for managing the affairs either healthwise or wealth wise for a person lost physical or mental capacity.

The Guardian will have the same legal requirements as any attorney (for an LPA) or trustee (for a will or other trust) in that they must:

Always act in the best interests of the missing person

Are personally liable any negligence or fraudulent activity in respect of the interests of the missing person

Comment

We believe setting a common system and infrastructure for dealing with the affairs of a missing person with the appointment of a missing persons guardian is good news. Whilst we hope the requirement for a guardian is not needed regularly it makes sense that somebody with a financial interest or loved ones of the missing person should be able to handle their affairs quickly and, we hope prevent financial hardship at such a difficult time.