Legal information
When a relative or friend is missing for an extended period, legal advice may need to be sought about matters such as life insurance, superannuation, will, and trust funds. The missing person may have financial affairs or personal property that may also need to be managed.
Managing financial affairs
Relevant legislation in the ACT and NSW now provides of a scheme for the management of financial affairs and property of a missing person. This means a manager may be appointed with the authority to make decisions about the financial affairs and property of the missing person.
VIC - NEW UPDATE
A new guide
will be launched today to assist families and friends of missing persons to manage the financial and legal difficulties created when a loved one goes missing.
Funded by the Victoria Law Foundation , the Bendigo based Loddon Campaspe Community Legal Centre produced the guide, with the assistance of stakeholders including Victoria Police, VCAT, State Trustees and the Coroner’s Court. The Centre believes that the guide will give practical support to recent legislative changes in Victoria that enable the proper administration of the affairs of missing persons.
ACT
Guardianship and Management of Property Act 1991 – Amendments to this legislation became effective on 6 September 2007. The legislation now allows for an application to be lodged to the Guardianship and Management of Property Tribunal of the Magistrate’s Court to have someone appointed as ‘manager’ to the property of a missing person in the ACT.
NSW
Protected Estates Act 1983 – Amendments to this legislation became effective on 17 December 2004. This legislation enables an application to be made to the Supreme Court to have someone appointed to manage the estate of a missing person.
The coronial process
When a person is missing under accidental or suspicious circumstances the Police investigating the matter may make the decision to refer the case to the coroner. The following information is to provide details when navigating the coronial process in relation to missing person’s cases.
Navigating the coronial process 2 391.1 KB
