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Administration of Missing Persons Estates

On 28 October 2010, new provisions in the Victorian Guardianship and Administration Act 1986 commenced, allowing the Victorian Civil and Administrative Tribunal (VCAT) to appoint an administrator to manage the property and financial matters of a missing person.

Under new Part 5A of the Guardianship and Administration Act, VCAT may appoint an administrator where there is a need for decisions in relation to a missing person’s financial matters or property and the appointment is in the best interests of the missing person. 

For the purposes of the Part, a person is a missing person if it is not known whether they are alive, reasonable efforts have been made to find them, and they have not contacted anyone whom they would be likely to contact for at least 90 days. 

Further information about the new Part is set out in the document attached below.

In addition, a new guide has been published by the Loddon Campaspe Community Legal Centre to assist families and friends of missing persons to manage the financial and legal difficulties created when a loved one goes missing. This guide can be accessed via the link on the right hand side of this page.

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Author:	Department of Justice, Civil Law Policy
Place of Publication:	Melbourne
Publisher:	Department of Justice
Date of Publication:	February 2012
Number of Pages:	3
Copyright:	State of Victoria, 2012