The First Legal Priorities When a Loved One Goes Missing

December 2024

We can only imagine how difficult it is to deal with the reality of a loved one going missing. This will undoubtedly be a very emotional period, and you’re likely to need a great deal of support.

In addition to the grief and worry, there will be a number of practicalities to deal with during this initial period. We’ve explored many of these practicalities below.

What are the legal priorities when someone goes missing? 

The period immediately after someone has gone missing can be a bit of a grey area in terms of legal responsibility. Though family members now have the right to apply to take on the role of legal guardianship on behalf a missing person, they cannot do this until the person has been missing for at least 90 days.

Though nobody can officially act as a guardian until this point, there are likely to be tasks and obligations that need to be dealt with right away.

These include:

Caring for any dependents or pets

If the missing person has left any children, dependents or pets behind, they will need to be cared for. This will usually fall to other family members to manage, though in certain cases the local authority and social services may need to get involved.

Securing property

Depending on the circumstances surrounding the disappearance, it may be necessary for you to ensure that the missing person’s home and belongings are properly secured. If they remain missing for any length of time, it will be important to ensure that regular checks are made.

Notifying relevant people and organisations

It can no doubt be hard to talk about a loved one’s disappearance. However, there are likely to be certain people and/or organisations that will need to be informed.

This could include:

• The missing person’s workplace, school, college or university.
• Their landlord or mortgage company.
• Their bank or building society.
• Their insurance companies.
• Professionals such as bankruptcy trustees, probation officers or social workers.
• GPs and other health professionals.

Assessing bills and outgoings

Though it will not be possible for you to access the missing person’s bank accounts on their behalf in the period before you have been appointed as their guardian, you are likely to need to start assessing the situation before this point.

If you’re concerned about the likelihood of bills going unpaid or a rental or mortgage account going into arrears, you may need to seek advice from a solicitor who specialises in missing persons law.

What other legal steps can you consider?

If your loved one remains missing for three months or more, you could apply to take on a guardianship role. This would give you the legal right to take care of the missing person’s affairs for the duration of their absence.

In addition to handling their finances, this would also give you the right to make decisions about:

• Property maintenance.
• Renting out property.
• Selling or remortgaging property.
• Making investments.
• Giving gifts on the missing person’s behalf.

In certain situations, it may be appropriate to consider applying for a declaration of presumed death. This is a legal document that functions in place of a death certificate when someone is believed to have died but their body has not been found.

The right time to apply for a declaration of presumed death will depend on the circumstances around the disappearance. In some cases, it might be appropriate to apply right away, while in others it might never be appropriate.

If there is specific evidence that the missing person has died, their loved ones will be able to apply for a declaration of presumed death whenever they are ready.

Recognised evidence could include:

• A suicide note.
• Witness statements to confirm the person was in the vicinity of a natural disaster.
• The missing person’s belongings being found at a cliff edge, on a mountain or near a body of water.
• Witness statements to confirm the person went missing at sea.

If there is no specific evidence that the missing person has died, it will be necessary to prove that there has been no evidence that they are alive for a period of seven years. This means it will not be possible to apply for the declaration of presumed death until the missing person has remained missing for more than seven years.

Who can you turn to for support?

As mentioned at the beginning of this article, it’s likely that anyone dealing with the disappearance of a loved one will need to call on extra support. If you’re not sure where to start, you may wish to contact the charity Missing People, who provide advice and support for the family members of missing people.

Depending on the circumstances, you may also wish to get in touch with a solicitor with experience in missing persons law to seek advice on how to handle your legal responsibilities.