Guardianship of the property and affairs of missing persons

When a person goes missing, there is currently no legal mechanism for another person to manage his or her affairs during his or her absence. This can lead to the loss of the missing person’s assets (for example, through Direct Debits that can’t be cancelled) and the deterioration or loss of assets (for example, through lack of maintenance or failure to meet financial obligations, such as mortgage payments). For the same reason the disappearance can deprive dependants of the support they need (and have been used to receiving) from the missing person.

This consultation asks whether there ought to be a new legal mechanism by which a guardian could be appointed to act on behalf and in the best interests of a person who has gone missing.

This consultation also asks if a new system of guardianship of the property and affairs of missing persons is created, what the process and terms of such an appointment should be.

In particular it seeks views on:

• how a guardian should be appointed and in what circumstances
• what the role, duties and terms of appointment of a guardian should be
• how guardians should be supervised and held accountable
• the costs, benefits and equalities impacts of introducing guardianship