Government offers more ways out of legal minefield in wake of Lawrence campaign

The Ministry of Justice will today announce new proposals which will mean relatives of missing people are given the power to deal with legal and financial issues in the first few months after someone vanishes.

The Presumption of Death Act that was given Royal Assent in March will allow relatives to apply for a single certificate declaring someone presumed dead, helping them resolve that person’s affairs.

The new plans will mean families will be able to deal with issues such as suspending direct debits for mobile phone and utility bills under a so-called power of guardianship without actually applying for the presumption of death certificate. Under current law, families of missing people have no way to make alternative arrangements until their loved one can be presumed dead.

Peter Lawrence, a solicitor from York, has been at the forefront of the Missing People charity’s campaign to instigate the power of guardianship after his daughter vanished in March 2009.

He said: “Guardianship is important to people like me because within only weeks of Claudia’s disappearance I realised that this country surprisingly had no laws in place to allow me to look after and preserve her assets and deal with her bank account for her benefit. It really is a nightmare situation to be in.”

Justice Minister Helen Grant claimed the new proposals will fill the gap between missing and presumed dead status by creating a temporary status so a guardian can manage the property and affairs of the missing person.

A consultation is due to be launched later this year with a view to taking a final decision in 2014.

She added: “By having guardianship powers in place in those early months we can reduce some of the burdens when people’s lives are turned upside down.”

Miss Lawrence was 35 when she was last seen near her home in York in March 2009. The missing person inquiry was upgraded to a murder investigation the following month.