When a loved one goes missing, the emotional impact is devastating. Alongside the worry and uncertainty, practical problems often arise very quickly. Bills still need to be paid, mortgages do not stop, businesses may need managing, and property still needs protecting.

In England and Wales, the law recognises this difficulty and provides a way for someone to look after a missing person’s finances and property. This is done by appointing a guardian under the Guardianship (Missing Persons) Act 2017.

This article explains what a guardianship is, who can apply, and how it works, in clear, straightforward terms.

What is a guardianship for a missing person?

A guardianship is a court order that allows a trusted person (called a guardian ) to manage the property and financial affairs of someone who has gone missing.  

Importantly, it does not decide what has happened to the missing person, and it does not mean they are considered dead. It is simply a practical solution to protect their finances while they are absent.

When is a person considered “missing” in law?

Under the Act, a person is legally “missing” if:

• They are absent from their usual home and day‑to‑day life, and
• Their whereabouts are unknown, or they cannot be contacted to deal with financial decisions.

This can apply whether the disappearance is unexplained, or where someone is unable to communicate due to circumstances beyond their control, such as being detained abroad.

When can a guardian be appointed?

In most cases, the person must have been missing for at least 90 days before an application is made to the court.

However, the court can act sooner if:

• An urgent financial decision is needed, and
• Waiting 90 days would cause harm to the missing person’s interests (for example, a property at risk of repossession).

The court must always be satisfied that appointing a guardian is in the best interests of the missing person.

Who can apply to be a guardian?

You do not have to already be a guardian to make an application. The law allows people with a sufficient interest in the missing person’s affairs to apply. This usually includes:

• A spouse or civil partner
• Parents
• Children
• Siblings

The court will decide who is most suitable. The guardian must:

• Be over 18 (or a trust corporation)
• Agree to act
• Be suitable and trustworthy
• Be willing to act in the missing person’s best interests at all times

What can a guardian do?

A guardian’s powers are set out clearly in the court order. They usually include the ability to:

• Pay bills and debts
• Manage bank accounts
• Rent, sell, or maintain property
• Run a business
• Sign documents
• Start or defend legal proceedings on the missing person’s behalf

However, there are important limits. A guardian cannot:

• Make a will for the missing person
• Change who inherits their estate

The guardian must keep proper accounts and records and may be required to report regularly to the Office of the Public Guardian, which supervises guardianships.

How long does a guardianship last?

A guardianship can last for up to four years at a time. It can be renewed if the person is still missing when it expires.

The court can also:

• Change the terms of the guardianship, or
• End it altogether if circumstances change.

What happens if the missing person returns?

If the missing person is found or comes home, the guardianship will usually be brought to an end. The guardian must act quickly to inform the court and the Public Guardian.  

A guardianship also ends automatically if:

• The missing person dies, or
• There is a formal declaration that they are presumed dead under separate legislation.

Why legal advice matters

Applying for a guardianship can feel overwhelming, especially during an already stressful time. The court process involves formal applications, notices, and supporting evidence. Getting legal advice early helps ensure:

• The right person applies
• The application is handled smoothly
• The missing person’s interests are properly protected

How we can help

We regularly advise families and loved ones dealing with the disappearance of someone close to them. If you are worried about bills, property, or finances because someone has gone missing, we can guide you through the guardianship process with care and clarity.

If you would like confidential advice, please get in touch with our team.