Also known as Claudia’s Law, after Claudia Lawrence who sadly remains missing since her disappearance in 2009, the introduction of the Act is in part thanks to Claudia’s late father – Peter Lawrence OBE – who helped bring about the change in legislation through relentless campaigning.
Previously, there was no legal mechanism to allow families to protect the affairs of missing people. It meant that families were left with no ability to pay bills, settle debts or prevent repossessions or insolvency.
The only option was to wait a period of seven years before their loved ones could be declared as deceased under the Presumption of Death Act 2013 – finally allowing families to deal with their loved ones affairs, but placing a huge emotional burden upon them.
Under Claudia’s Law, a guardian can be appointed after a person has been missing for at least 90 days. The guardian must prove that the appointment is necessary and that they are a suitable person to act. They will be able to step in and safeguard the missing person’s assets in their absence, including the ability to:
- Pay ongoing bills and settle outstanding debts
- Access bank accounts to suspend direct debits
- Sell or maintain property
- Attend to any other financial agreements or obligations on behalf of the missing person.
An initial guardianship appointment will last up to four years but could be extended.
In summary, since it’s introduction in 2019 Claudia’s Law has lifted many families out of legal limbo, allowing them to attend to practical matters, and relieving them of the extremely difficult decision of declaring their loved ones as deceased before they may be ready to.
If you require any further advice on this matter, please contact Ruth Tarr, Senior Associate in the Mental Capacity and Court of Protection team.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
