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Managing financial affairs 

When a person is missing there can be difficulties in managing the person's financial and property affairs. Section 54 of the NSW Trustee and Guardian Act 2009 enables an application to be made to the Sup​reme Court, after a person has been missing for 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 as manager of the missing person's estate.

The NSW Supreme Court can only make a declaration that the person is missing and make a financial management order when satisfied that:

  • the person is a missing person;
  • the person's usual place of residence is in NSW; and
  • it is in the person's best interests to do so.

Families considering an application to manage the financial affairs of a missing person may benefit from:

1. Accessing the NSW Trustee and Guardian website for information relating to missing persons.

2. Engaging a legal representative to assist with the application. LawAccess NSW may be able to assist with referral information.

3. Contacting FFMPU to discuss support and referral needs.

4. Downloading the Managing the financial and property affairs of a missing persons (PDF, 100Kb) information sheet to assist with understanding of the Supreme Court application process.