When someone goes missing, their family is left dealing with emotional distress and a growing list of practical and financial problems. Bills still need paying, property needs looking after, and financial decisions cannot be put on hold indefinitely. Without the right legal authority, managing a missing person’s affairs can feel impossible.
Our missing persons law specialists provide clear, step-by-step guidance to help you take control of the situation. Whether you need to apply for a guardianship order to manage your loved one’s finances or you are considering a declaration of presumed death after a longer absence, we are here to support you through a difficult and unfamiliar process.
About Missing Persons
Missing persons law covers the legal framework that allows families and other interested parties to manage the property and financial affairs of a person who has gone missing. Two key pieces of legislation apply in England and Wales.
The Guardianship (Missing Persons) Act 2017, often referred to as Claudia’s Law, came into force on 31 July 2019. It was named after Claudia Lawrence, a York resident who went missing in 2009. Her father, Peter Lawrence OBE, campaigned alongside the charity Missing People for a change in the law that would allow families to act sooner. The Act allows a suitable person to apply to the High Court for a guardianship order once an individual has been missing for at least 90 days.
The Presumption of Death Act 2013 provides a separate route for families where a person has been missing for seven years or more, or where there is strong evidence that the person has died. A declaration of presumed death allows the missing person’s estate to be administered and distributed.
Before these laws were introduced, families could be left in legal limbo for years, unable to access bank accounts, manage property or deal with debts. The current framework provides clearer options, but the application process still requires careful preparation and specialist legal advice.
If you are unsure which route is right for your situation, we can talk you through the options and help you decide on the best way forward.
Our missing persons law services cover both guardianship applications and presumption of death matters. We guide you through the full process, from initial missing person advice through to managing your responsibilities once an order has been granted.
Contact UsA guardianship order under the Guardianship (Missing Persons) Act 2017 allows a person to be appointed by the High Court to manage the financial and property affairs of someone who has been missing for 90 days or more. This is the most common route for families in the earlier stages of a disappearance.
Once appointed, a guardian can take actions such as managing bank accounts and paying bills, selling or renting out property, recovering debts owed to the missing person, making investments and continuing legal proceedings on the missing person’s behalf.
The exact powers granted will depend on what the court specifies in the guardianship order. Guardians are supervised by the Office of the Public Guardian and must act in the best interests of the missing person at all times.
A guardianship order is valid for up to four years and can be renewed. If the missing person returns, the order must be revoked.
We prepare and submit your application, advise on whether you are likely to meet the “sufficient interest” test and support you through the court process.
Where a person has been missing for seven years or more, or where there is clear evidence to suggest they have died, it may be appropriate to apply to the High Court for a declaration of presumed death under the Presumption of Death Act 2013.
A declaration of presumed death is a significant step. Once granted, it has the same legal effect as a registered death. It dissolves the missing person’s marriage or civil partnership and allows their estate to be administered. This means a Grant of Administration can be obtained and assets can be distributed to beneficiaries in line with the missing person’s Will or under the rules of intestacy.
The decision to apply for a declaration is deeply personal. Some families are ready to take this step as soon as they are legally able to do so. Others may not feel it is the right time for many years. We provide honest, sensitive advice to help you decide when and whether to proceed.
Being appointed as a guardian brings ongoing responsibilities. You will need to report to the Office of the Public Guardian, keep records of all decisions and transactions and act within the scope of the powers granted by the court.
We provide practical support to appointed guardians, helping with reporting obligations, applications to vary or extend guardianship orders and any complex decisions that arise during the guardianship period.
Once a declaration of presumed death has been granted, the next step is to obtain a Grant of Administration and begin administering the estate. Our probate and estate administration team works alongside our missing persons law specialists to manage this process, from gathering assets and settling liabilities through to distributing the estate to beneficiaries.
Where the missing person did not leave a Will, the estate will be distributed under the intestacy rules. If you have concerns about how this may affect your family, we can advise on your options.
Guardian Tasks
The exact rights a guardian has will depend on what has been specified in the guardianship order issued by the court. However, a guardian for a missing person will usually have the legal right to act similarly to someone who has been appointed as an attorney until a financial and property power of attorney. They will be able to do things such as:
Advice
If someone close to you has gone missing and you are struggling to manage their financial or property affairs, legal advice can help you understand your options and take practical steps forward.
Without the right legal authority in place:
The legal framework that now exists in England and Wales means families no longer have to wait seven years before taking any action. A guardianship order can be applied for after just 90 days, giving you the authority to protect your loved one’s affairs while their absence continues.
We can help you assess your situation and guide you through the most appropriate legal route.
Why Choose Us
A personal connection to this area of law
Roche Legal is based in York, the home city of Claudia Lawrence, whose disappearance led directly to the introduction of Claudia's Law. This area of law holds particular significance for the firm, and we approach every missing persons case with the care and sensitivity it deserves.
Clear advice at a difficult time
Missing persons cases are emotionally demanding. We explain the legal process in plain English, set realistic expectations about timescales and outcomes and keep you informed at every stage so you always know what is happening and what comes next.
Experienced in guardianship and presumption of death matters
Our team has practical experience advising on guardianship order applications, presumption of death declarations and the ongoing responsibilities that follow. We understand both the legal requirements and the personal challenges involved.
Joined-up support across private client services
Missing persons law often connects with other areas of private client work. Whether you need support with probate and estate administration, Wills, Powers of Attorney or Court of Protection matters, our team works together to provide consistent and coordinated guidance.
Your Questions Asked
Claudia’s Law is the informal name for the Guardianship (Missing Persons) Act 2017, which came into force on 31 July 2019. It allows a person to apply to the High Court for a guardianship order to manage the financial and property affairs of someone who has been missing for at least 90 days. The law was named after Claudia Lawrence, a York resident who went missing in 2009, following a campaign by her father Peter Lawrence OBE and the charity Missing People.
A guardianship order is a court order that gives a named person the legal authority to manage the property and financial affairs of someone who is missing. The order is granted by the High Court and supervised by the Office of the Public Guardian. It is valid for up to four years and can be renewed.
Anyone over 18 who can demonstrate a “sufficient interest” in the missing person’s property or financial affairs can apply. The missing person’s spouse, civil partner, parent, child and siblings are automatically considered to have sufficient interest. Other individuals, such as close friends or professional advisers, may also be able to apply if they can show the court that their interest is genuine.
A guardianship order can be applied for once the person has been missing for at least 90 days. In urgent circumstances, the court may waive this requirement if there is an immediate risk to the missing person’s property or finances. A declaration of presumed death generally requires the person to have been missing for at least seven years, unless there is strong evidence that they have died.
The powers of a guardian depend on what the court specifies in the order. Typical powers include managing bank accounts and paying bills, selling or renting property, recovering debts, making investments and continuing legal proceedings on the missing person’s behalf. A guardian cannot make a Will on behalf of the missing person.
A declaration of presumed death is an order from the High Court confirming that a missing person is legally presumed to have died. Once granted, it has the same effect as a registered death. It allows the missing person’s estate to be administered, dissolves their marriage or civil partnership and enables life insurance and pension claims to proceed.
If a guardianship order is in place and the missing person returns, the guardian must apply to the court to have the order revoked. If a declaration of presumed death has been granted and the person is later found to be alive, an application can be made to vary or revoke the declaration. The legal consequences of any actions taken during the period of presumed death will depend on the specific circumstances.
These are separate legal processes that apply at different stages. A guardianship order is typically used in the earlier stages of a disappearance, from 90 days onwards. A declaration of presumed death is usually sought after seven years or where there is strong evidence of death. In some cases, a person may hold a guardianship order first and later apply for a declaration of presumed death as circumstances develop. We can advise on the right approach for your situation.
Resources
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