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You can apply to be a guardian and manage the finances or property of someone who:

• is missing
• is in prison abroad and cannot communicate
• has been taken hostage or kidnapped

The person must be missing from home and their usual activities.

One of the following must also apply:

• you do not know where they are
• they cannot contact you to let you know their decisions

You must apply to the High Court for a guardianship order.

You can apply when the person has been missing for the previous 90 days. You can apply earlier if it鈥檚 urgent, for example the person鈥檚 house is being repossessed.

The Office of the Public Guardian will supervise you while you are acting as a guardian. You鈥檒l need to keep records of the activities you carry out and decisions you make.

You must send reports to the Office of the Public Guardian when they ask you for them. They will tell you when it鈥檚 time to send your report.

The Office of the Public Guardian might visit you.

You can apply if you鈥檙e the missing person鈥檚:

• husband, wife or civil partner
• parent
• child
• brother or sister
• guardian already and you鈥檙e renewing the order

You can also apply if you can give the court evidence that you have a 鈥榮ufficient interest鈥� in the person鈥檚 finances or property. This might be, for example, because:

• you have been in a relationship for a long time with the person and you live with them
• the person is your business partner and you need to continue to run the business
• you are the person鈥檚 step-parent, step-sibling or step-child

The longer you鈥檝e known the person and the better you know them, the easier it will be for you to convince the court that you have 鈥榮ufficient interest鈥�.

You must be over 18 to apply.

You can make a claim yourself or use a legal representative.

Fill in the form

Download and fill in a part 8 claim form.

Include:

• your name and address (under 鈥榗laimant鈥�)
• the missing person鈥檚 name (under 鈥榙efendant鈥�)
• your relationship to the missing person
• the last known address of the person
• when the person went missing
• how long the person has been missing

If you鈥檙e applying with other people, complete one form with everyone鈥檚 details in it.

You鈥檒l need to write a witness statement to help the court decide if you鈥檙e a suitable guardian.

Witness statement

Confirm that the missing person normally lives in England or Wales.

If you鈥檙e not the person鈥檚 husband, wife, civil partner, parent, child, brother or sister, explain why you鈥檙e interested in the person鈥檚 property or financial affairs.

If it鈥檚 less than 90 days since the person went missing, explain you need the guardianship order urgently, for example, because the person is going to lose their house.

In the statement, include:

• the person鈥檚 usual day-to-day activities and when they stopped doing them
• evidence that the person has been missing for at least the last 90 days
• information about the property and finances of the person
• what you know about their disappearance and where they might be
• details of any police investigation or report
• the names and addresses of the missing person鈥檚 family, if they have any
• the proposed news advert
• whether you鈥檝e been convicted of a criminal offence
• whether you鈥檝e been refused credit
• whether you鈥檝e ever been bankrupt
• whether you鈥檝e run a company that became insolvent or went bankrupt
• confirmation that you believe the facts in the document are true and accurate (a 鈥榯ruth statement鈥�)

Send the form to the High Court

Apply to one of the following:

• the Chancery Division of the High Court - if there are complicated issues with a property or trust
• the Family Division of the High Court - if it鈥檚 likely that family disagreements and issues will happen
• Your local High Court District Registry

The High Court can transfer your hearing from one division to another. This will not change what you have to pay.

Send one identical copy for each person you need to tell, plus a copy for the court.

• the form and witness statement
• any documents you have as supporting evidence, for example police reports
• a cheque for the court fee, made payable to 鈥楬M Courts and Tribunals Service鈥�

Find your .

After you apply you鈥檒l need to advertise your claim in a newspaper. The High Court will ask you to go to a hearing.

You must pay either:

• a 拢528 application fee if you apply to the Chancery Division of the High Court
• a 拢245 application fee if you apply to the Family Division of the High Court

Send a cheque for HM Courts and Tribunals with your application.

You might also have to pay a security bond.

Once you鈥檙e appointed as a guardian you must pay:

• a 拢200 set up fee
• a 拢320 supervision fee every year of your guardianship

The Office of the Public Guardian will tell you how and when to pay your set up and supervision fees.

If you want to get the money back for the fees from the missing person鈥檚 account, ask the court to give you permission in the guardianship order.

Pay the security bond

You might have to pay a security bond before you can use the guardianship order. The High Court will tell you if you need to pay a bond.

If the guardianship order gives you permission, either:

• pay the bond from the person鈥檚 funds
• pay the bond yourself then pay yourself back once you have access to the person鈥檚 finances

You cannot start acting for the person until you鈥檝e paid the security bond.

Get help with your fees

You might also be able to get help paying court fees.

The court will send copies of your form back to you, with 鈥榓cknowledgement of service鈥� forms and a case number. It will keep a copy of the form. The High Court will let you know the hearing date.

The hearing will take place at least 8 weeks after the High Court sends you the claim forms back.

When you have a hearing date from the court, you need to tell other people that you鈥檝e applied before the hearing, in case they object. You must also advertise your claim in a newspaper.

Tell the person鈥檚 family that you鈥檝e applied to be their guardian

You鈥檒l need to tell the missing person鈥檚:

• husband, wife or civil partner
• parents, brothers and sisters
• children

Send:

• a copy of the claim form
• the acknowledgement of service form that the court has sent you
• copies of the supporting evidence you sent with your application
• a letter telling them the date of the first hearing

Advertise your claim in the news

You must advertise your claim within 14 days from the day you get a date for the first court hearing. The advert must appear in a print or online newspaper that covers the missing person鈥檚 last known usual address.

If their address is in Wales, the advert can be in an English or Welsh publication.

How to write the advert

You can use this template for the advert. Add your own information where there are square brackets.

In the High Court of Justice [Family or Chancery] Division

Case number [ ]

In the matter of an application made under the Guardianship (Missing Persons) Act 2017 for a guardianship order in respect of [insert missing person name].

A claim has been issued in the High Court of Justice, [Family or Chancery] Division, case no. [case number], by [your name] for an order that [your name] be appointed guardian in respect of [missing person] (鈥渢he missing person鈥�), whose last usual place of residence was [missing person鈥檚 address].

The date and venue for the first hearing of the claim application is [date] at [court address]. Any spouse, civil partner, parent, child or sibling of the missing person is entitled to intervene in the matter. Any other person having an interest may apply to the court for permission to intervene in the matter.

If you wish to give notice of intention to intervene or to apply to the court for permission to intervene, you should do so at [court address] as soon as possible, and no later than 14 days before the date of the first hearing, and serve a copy of that notice or application on the claimant at the address given below. Delay may harm your prospects of obtaining permission to intervene if you are not entitled to intervene, and, in any event, may be taken into account on any question relating to costs.

[your name]
[Name and address of your legal representative, if you have one]
[Your address, if you do not have a legal representative]

Tell the court about the advert

At least 7 days before the first court hearing, send evidence to the High Court that you advertised the claim. Include the case number the court has sent you. Evidence could be:

• a copy of the printed page
• a working link to a website
• confirmation from the news organisation

At the hearing

Bring any supporting documents you have to the hearing.

At the hearing, the judge might consider:

• your relationship with the missing person
• the missing person鈥檚 opinion of you (for example, if there is evidence in writing from before they disappeared)
• whether you have the right skills and knowledge to be a guardian
• any conflict of interest between you and the missing person

You might be:

• asked for more information
• told there has to be another hearing

The court will tell you how to get a court order if someone鈥檚 refusing to give you information you need.

There might be several hearings before the High Court makes a decision. It depends on how complicated the case is.

If the High Court approves your claim

The judge might tell you at the hearing that you have been successful, or there could be a short wait before you find out. It depends on how complicated your case is and how much the missing person owns.

Once the High Court has given you a guardianship order, they will send you several copies of it and a copy to the Office of the Public Guardian.

The Office of the Public Guardian will register your guardianship and supervise you. You might have to pay a security bond. The High Court will tell you if you do.

The guardianship order will tell you when you can start to make decisions for the person and what kinds of decision you can make.

The order will also say how long you are guardian for.

Contact the High Court if there are mistakes on the order.

You鈥檒l need apply again to make a decision on anything that鈥檚 not covered by the order.

Let people know you鈥檙e a guardian

The court might give you the right to find out where the person has bank or building society accounts, if you do not know already. You鈥檒l need to write to banks and building societies to find out.

If the order mentions people or organisations, tell them that you鈥檙e the guardian.

Some examples are:

• Department for Work and Pensions
• banks or building societies
• life assurance companies
• the payer of any private pensions
• the solicitor who holds the person鈥檚 will or property deeds
• utility providers
• the company where the person has a mortgage

Send:

• the guardianship order
• proof of your name and address
• proof of the name and address of the person you are guardian for

Proof of name and address could be a driving licence or utility bill. Check with the organisation:

• what proof of name and address they accept
• whether they鈥檒l accept a photocopy of the guardianship order or only the original

Pay bills and cancel payments

Once you have access to the person鈥檚 accounts and know where their income comes from and their assets, you can make a full list of what鈥檚 in their estate so you know what you鈥檙e responsible for. If the guardianship order gives you permission, pay any outstanding bills and cancel any payments if they no longer apply.

The Office of the Public Guardian will supervise you while you act as a guardian. You鈥檒l need to keep a record of the decisions you make.

The kinds of decision the guardianship order might let you make include:

• making an investment for the person
• selling some of the person鈥檚 assets
• cancelling direct debits

Any decisions you make for someone must be right for them (鈥榠n their best interests鈥�).

Making decisions in someone鈥檚 best interests

Take into account:

• what they would have decided if they could
• their feelings and wishes
• their values and beliefs, including moral, political and religious views
• the views of other people who have an interest in the missing person鈥檚 property

Do not make assumptions based on their age, gender, ethnic background, sexuality or health.

It can help to:

• write down what the person has told you is important to them
• look at other things they wrote down or recorded (such as household budgets or home videos)
• speak to friends, family or colleagues who know them well

You鈥檒l need to send a report to the Office for the Public Guardian explaining what decisions you took.

Difficult decisions and disagreements

Consult the person鈥檚 family and friends. Including everyone in a meeting can help you reach agreement.

If you cannot agree you can get advice about how to reach agreement from the Office of the Public Guardian.

You must apply again to the High Court to make a decision not covered by the guardianship order.

You must keep financial records and accounts. Follow the rules for gifts and expenses. You must also record the transactions in your guardianship report.

Keeping records

Keep a record if you:

• make an investment for the person
• sell the person鈥檚 home, car or other valuables
• use the person鈥檚 money to buy someone a gift
• ask someone for advice and any disagreements
• close an account
• pay a bill

You must keep copies of:

• bank statements and receipts
• invoices
• contracts for services or tradespeople
• letters and emails about your activities as a guardian

The Office of the Public Guardian might ask you to send these in when it reviews your guardian report.

Giving gifts

Your guardianship order will say if you can buy gifts or give gifts of money on behalf of the person, including donations to charities. It will also say if there鈥檚 a limit on what you can spend.

You must be sure the person can afford the gift.

Expenses

Check your guardianship order to find out whether or not you can claim expenses. You can only claim expenses if the order gives you permission and for things you must do to carry out your role as a guardian, for example:

• hiring a professional to do things like fill in the person鈥檚 tax return
• travel costs
• stationery
• postage
• phone calls

Keep your receipts and invoice the person for your expenses.

You must write a report for the Office of the Public Guardian each year explaining the decisions you鈥檝e made as a guardian.

It must include:

• the reasons for your decisions and why they were in the person鈥檚 best interests
• who you spoke to and what they said was in the person鈥檚 best interests
• the opening and closing balances and bank statements
• payments and transfers in and out of their accounts
• details of the person鈥檚 assets
• any assets you bought or sold

The Office of the Public Guardian will tell you when to send your report and how to send it.

If you do not send the report, the Office of the Public Guardian might:

• increase the amount of supervision you get
• ask the court to replace you with a different guardian

You must apply to the High Court if you need to change your guardianship, for example to make decisions not covered by the original order.

How to apply

Apply to the High Court to change the guardianship order.

Download and fill in form N244.

Include your case number and select that you are the 鈥榗laimant鈥�.

Your guardianship ends automatically if one of the following things happens:

• your guardianship order expires
• the person dies
• someone makes a declaration of presumed death
• you die

If the person returns or you decide to step down

You鈥檒l need to apply to the High Court to end (鈥榬evoke鈥�) the guardianship order.

Download and fill in form N244.

Include your case number and select that you are the 鈥榗laimant鈥�.

Explain in the details section that you want to revoke the guardianship because the missing person has returned or you鈥檝e decided to step down.

Renew your guardianship

The guardianship order will make you a guardian for a maximum of 4 years.

You can apply for another guardianship order when it expires. The process is the same as applying for guardianship.