Who can be the guardian over the property of a person declared missing or disappeared under special circumstances?

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1. Establishment of guardianship

  • On the basis of a court decision to declare an individual missing, a notary at the individual's last place of residence describes the property belonging to the individual and establishes guardianship over it.

2. Who can be a guardian?

  • An individual with full civil capacity who gives written consent to act as a guardian.
  • A guardian may be close relatives or family members of a person declared missing or missing in special circumstances.
  • The guardianship and trusteeship authority, if there are no persons willing or able to perform the functions of a guardian.

The guardian manages the property of the missing person, repays his or her debts at the expense of this property and fulfils other obligations, if any.

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