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Missing persons

Difficulties can arise when a person goes missing and it is not known whether they are alive or dead. Debts may be owed and dependants may suffer hardship if the missing person's assets cannot be accessed. 

From 1 January 2025, s 48A of the Guardianship and Administration Act 1993 (SA) allows the Supreme Court to appoint an administrator to manage a missing person's estate if satisfied that

  • reasonable efforts have been made to locate the person,
  • relatives and friends have not heard from the person for at least 90 days, and 
  • it is in the best interests of the missing persons to make such an order.

A person may be appointed an administrator if they are

  • the spouse or domestic partner of the missing person
  • a relative of the missing person
  • the Public Trustee
  • someone else with an interest in the estate of the missing person.

An appointed administrator may

  • arrange for the payment of the missing person's debts 
  • ensure that any dependants of the missing person are provided for
  • otherwise take care of the missing person's property.

The administrator must inform the Court if they learn that the missing person is alive or has died [s 48A(6)]. 

Missing persons  :  Last Revised: Thu Jan 2nd 2025
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.