Yesterday, Sally Hamwee introduced her Private Members’ Bill which would enable guardianship orders to be made for missing people so that their affairs could be managed.
Earlier she wrote for the Missing People website:
With no legal system for managing a missing person’s affairs, they can fall into disarray with disconcerting speed. Salaries may stop being paid into a bank account, but direct debits, mortgage payments and rent will continue to be paid out – until the funds run out. However sympathetic a bank may be, it needs the signature of its account holder to change arrangements. Some may even regard themselves as unable to provide information.
Once you grasp the legal position, you can begin to see the practical impact. You can’t use the missing person’s money to pay his rent and other bills. You can’t sell a house which is in your and your missing husband’s joint names, but because your family’s circumstances have changed neither can you afford the mortgage.
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