The Guardianship (Missing Persons) Act 2017 came into force in England and Wales on 31 July 2019 creating a new legal representative role of Guardian to represent the affairs of somebody who has gone missing. The Act enables a court-appointed person – the Guardian – to act in the best interests of the missing person after their absence from their life for 90 days.
This piece of legislation is of great importance to families who have a missing relative. Previously, it was not possible to administer the financial affairs of somebody who had gone missing for the period from the date they went missing until they had been missing for seven years, at which point they could be presumed dead.
This left families unable to sell properties proactively, requiring mortgage repossession in some cases, or access bank accounts for their missing loved ones, either dissipating assets due to ongoing standing orders remaining in place, for example, or leaving loved ones such as spouses and children without access to vital financial resources.
With the introduction of the new Act, the court has also recognised that there will be occasions where an independent professional needs to be appointed to represent the affairs of a missing person. The Office of the Public Guardian has, therefore, opened a panel of guardians who can administer the affairs of those missing where such a professional appointment is required.
Donna leads the personal planning team at Anthony Collins Solicitors and is an Office of the Public Guardian Panel Deputy and STEP member, with wide experience of mental capacity property and affairs matters - appointment of a deputy, assisting lay deputies, deputyship administration and Lasting Powers of Attorney.
Should you have any queries with regards to the Guardianship (Missing Persons) Act 2017 or need to make an application to court should you have a missing loved one whose financial affairs need to be dealt with either by yourself or by an independent professional, please contact Donna.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
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