Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
New Act comes into force to help manage affairs of missing people
Aug 1, 2019, 08:48 AM
missing persons, guardianship, Claudia Lawrence
Meta Title :New Act comes into force to help manage affairs of missing people
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Aug 1, 2019, 09:48 AM
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The Guardianship (Missing Persons) Act 2017 came into force in England and Wales on 31 July 2019. The act is informally known as Claudia’s Law, as former solicitor Peter Lawrence campaigned for a change after his daughter’s disappearance in 2009.
The law creates a new legal status of guardian of the affairs of a missing person, allowing someone to act in their best interests after they have been gone for 90 days or more.
It will mean that families can step in and safeguard their loved one’s assets in their absence – for example, suspending direct debits for mobile phone and utility bills or making mortgage payments.
Previously there was no mechanism in England and Wales to specifically protect the property and affairs of a missing person. Instead families could only take over the financial affairs of a missing person if they declared them dead, adding emotional pressure to families during an already difficult time. This also meant they could be left unable to pay debts or prevent repossessions or insolvency.
Under the law, ‘missing people’ will include:
people who have gone missing in the UK and abroad
victims of kidnap and hostage
people in prison abroad who cannot communicate decisions about their property and financial affairs
Justice Minister Paul Maynard said: ‘Claudia’s Law will mean families can oversee the financial and property affairs of their missing loved one – removing a huge burden at such a traumatic time.’
Successful applicants for the guardian role will be able to look after their loved one’s affairs for up to 4 years with the option to renew. Applications will be via the High court and once appointed, Guardians will be supervised by the Office of the Public Guardian.
Susannah Drury, Missing People’s Director of Policy and Research, said: ‘This is a triumph for all the family members who have campaigned with us over the past decade and shown so powerfully why Guardianship is needed. This regulation will mean that families who face the emotional distress of a disappearance will not be blocked from handling the financial and legal affairs of their loved ones.’
Peter Lawrence OBE, father of missing York chef Claudia Lawrence said: ‘I am delighted that Claudia’s Law is coming into force at the of end of July. This will make such a difference to the lives of the hundreds of families who have been waiting so long for it, enabling them to deal with their missing loved one’s financial and property affairs in the same way as everyone else is able to on a daily basis. One less burden at a time when families are at their emotional lowest ebb will help enormously.’