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.
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.