Manage a missing person's finances and property
After you've applied
The court will send copies of your form back to you, with ‘acknowledgement of service’ 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’ve applied before the hearing, in case they object. You must also advertise your claim in a newspaper.
Tell the person’s family that you’ve applied to be their guardian
You’ll need to tell the missing person’s:
- 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’s 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] (“the missing person”), whose last usual place of residence was [missing person’s 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’s 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’s 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.