FROM 1 JULY THE OFFICE OF THE PROTECTIVE COMMISSIONER WILL BE KNOWN AS THE NEW SOUTH WALES TRUSTEE AND GUARDIAN

Managing the financial and property affairs of a missing person

Amendments to the Protected Estates Act, 1983 allow an application to be made to the Supreme Court of NSW, after a person has been missing at least 90 days, to declare the person missing and appoint a financial manager.

The court can appoint a person (such as a family member) or the NSW Trustee and Guardian (NSWTG) to manage the property and financial affairs of the missing person.

A resource kit has been developed to assist families and friends considering an application to the Supreme Court for the appointment of a financial manager for a missing person. The kit is made up of the following attachments:

NSWTG: 'Managing the financial affairs of a missing person' fact sheet
Family and Friends of Missing Persons Unit: Roadmap to managing the financial and property affairs of a missing person (Not yet available)
Supreme Court: Guidance Paper No. 1 – A guide to applications under Section 21C of the Protected Estates Act, 1983 ‘Appointment of Private Managers for Missing Persons’ (315KB)

If you can not access these documents or require further information, please contact NSWTG via our details on ‘Contact Us’ or contact any of the below agencies.

Useful contacts

The Family and Friends of Missing Persons Unit (FFMPU)
The Supreme Court of NSW
LawAccess NSW

A protocol has also been entered into by NSWTG and the NSW Police Missing Persons Unit which outlines how NSWTG and NSW Police will interact when a financial manager is appointed to manage the financial affairs of a protected missing person. This clear communication will ensure that an estate can be returned to a person who is no longer considered missing.