Claudia’s Law and The Guardianship (Missing Persons) Act 2017 – How are they connected?

According to the leading charity, Missing People, over 170,000 people are reported missing every year in the UK. Of these, 96,000 are adults, and around 3% of those adults remain missing for longer than a week. Currently, there are over 3,000 adults who are classified as “long-term missing persons”.

One of the most high-profile missing person cases in recent years is that of Claudia Lawrence, a 35-year-old chef from York, who disappeared in 2009. Despite extensive police investigations, Claudia’s whereabouts remain unknown. Her disappearance, like many others, left her family not only dealing with emotional trauma but also significant legal and practical challenges.

What was the Legal Dilemma before Claudia’s Law?

When an adult goes missing, they are presumed to still be alive until there is evidence to the contrary. While families can apply for a presumption of death declaration, this option was previously only available if the individual had been missing for seven years or more. This created a legal void for families who needed to manage the missing person’s property and financial affairs in the interim.

For example, during this waiting period, families often faced challenges such as:

• Paying the missing person’s bills (mortgages, loans, utilities, etc.).
• Managing assets, such as property or vehicles.
• Accessing bank accounts to ensure dependants were financially supported.
• Avoiding long-term financial damage to the missing person’s estate.

Without legal authority to act on the missing person’s behalf, families found themselves trapped in legal limbo, unable to make critical decisions or take action to protect the missing person’s estate.

How did Claudia’s Law get introduced?

Claudia Lawrence’s case highlighted these significant gaps in the law. Her father, Peter Lawrence OBE, worked tirelessly with the charity Missing People to push for legal reform. Their efforts culminated in the introduction of the Guardianship (Missing Persons) Act 2017, commonly referred to as Claudia’s Law.

The Act, which came into force on 31 July 2019, provides families with the legal tools to manage the financial and property affairs of a missing person without having to wait years for a presumption of death declaration.

What are the key features of the Guardianship (Missing Persons) Act 2017?

1. Eligibility to Apply
   • A family member, close friend, or another suitable individual can apply to the court to be appointed as a Guardian for the missing person’s estate.
   • Applications can be made after the missing person has been missing for 90 days (approximately three months).
2. What Does the Role of a Guardian Involve?
   • Once appointed, the Guardian acts as an agent of the missing person, meaning they manage the person’s financial affairs in their best interests.
   • The Guardian is responsible for safeguarding the missing person’s estate and ensuring that all actions taken align with what the missing person would likely have wanted.
3. What Powers Are Granted to Guardians?
   • Guardians are granted authority to:
     • Access bank accounts to manage debts or other financial obligations.
     • Cancel direct debits or subscriptions.
     • Pay for the upkeep of the missing person’s dependants or property.
     • Make gifts or charitable donations, if this reflects the missing person’s usual behaviour.
     • Transfer or sell assets such as property or vehicles.
4. How Does the Court Oversee Guardianship?
   • All Guardianship Orders are issued and monitored by the High Court, which evaluates the suitability of the applicant and imposes any necessary limitations.
   • The Order is valid for up to four years, with the option to renew it upon expiry.
5. What Safeguards and Limitations Exist?
   • The Court will carefully consider the Guardian’s relationship with the missing person and any potential conflicts of interest.
   • Guardians are required to submit regular reports to the Court detailing their actions and the financial management of the estate.

What are the Practical Benefits of Claudia’s Law?

The introduction of Claudia’s Law has provided immense relief to families facing the uncertainty of a loved one’s disappearance. By addressing the legal challenges that arise during the early stages of a disappearance, the Act:

• Reduces the emotional and financial stress on families.
• Protects the missing person’s assets from neglect or mismanagement.
• Ensures dependants and loved ones can access essential funds.
• Offers a structured process with judicial oversight to prevent misuse of power.

Why is Legal Guidance Important for Guardianship Applications?

While Claudia’s Law provides a crucial legal framework, applying for a Guardianship Order can still be a complex and sensitive process. It requires a thorough understanding of the Act, as well as the ability to gather sufficient evidence to support the application.

As there are also several other key aspects of the Act, including potential restrictions and limitations within the Order itself, as well as the specific rights and authority granted to Guardians, legal advice should be sought from the outset.

Should you require any further information in respect of the Act and making an application for a Guardianship Order, please do not hesitate to contact our dedicated private client team who can offer guidance and assist families with the Court process.

Please contact us on 020 7940 4060 or email us at mail@anthonygold.co.uk.