The Guardianship Act, also known as Claudia’s Law, will come into law at the end of July 2019, the Ministry of Justice confirmed on Friday.
The new legislation allows families to take financial control of a missing person’s assets, thus eliminating additional stress at such a difficult time.
Currently, there is little legal recourse in England and Wales to deal with someone’s affairs if missing. Instead, worried families are forced to declare their loved ones as dead if they want to protect the property and affairs of a missing person.
In addition to the obvious emotional difficulties in making such a declarative statement, claiming a loved one as dead could also incur inheritance taxes and difficulties in paying outstanding liabilities which could lead to repossessions or insolvency.
Claudia’s Law was named after Claudia Lawrence who went missing in 2009. The law will now create a ‘guardian of the affairs of a missing person’ if they have been missing for longer than 90 days. This will allow the family to mange the finances and affairs of a missing person without making extremely presumptive and distressing speculations.
The Guardian (Missing Person’s) Act 2017 was introduced as a Private Members’ Bill by Kevin Hollinrake MP. However, it was backed and campaigned for by Claudia’s father, Peter Lawrence OBE, who has been described as working tirelessly to ensure future families are not burdened with additional difficulties whilst searching for their loved ones.
Justice Minister Paul Maynard said:
“No family dealing with the despair of a loved one going missing should have to endure the additional stresses of administrative problems.
“This Government is committed to helping families cope as best they can in these incredibly difficult circumstances and today’s legislation is an important part in that.
“Claudia’s law will mean families can oversee the financial and property affairs of their missing loved one – removing a huge burden at such a traumatic time.”
Susannah Drury, Missing People’s Director of Policy and Research, said:
“This is a triumph for all the family members who have campaigned with us over the past decade and shown so powerfully why Guardianship is needed.
“This regulation will mean that families who face the emotional distress of a disappearance will not be blocked from handling the financial and legal affairs of their loved ones.”
Peter Lawrence OBE, father of missing York chef Claudia Lawrence said:
“I am delighted that Claudia’s Law is coming into force at the of end of July.
“This will make such a difference to the lives of the hundreds of families who have been waiting so long for it, enabling them to deal with their missing loved one’s financial and property affairs in the same way as everyone else is able to on a daily basis.
“One less burden at a time when families are at their emotional lowest ebb will help enormously.”
How important is this legislation for the families of people declared missing?
