A past registration of older people. [Photo/nation.co.ke]
The government could soon manage properties of missing persons and the elderly if a bill before parliament becomes law.
The Public Trustee is currently empowered to administer the assets of people who’ve died without leaving wills.
It is also mandated to ensure that the wealth is distributed fairly among their heirs.
However, the Public Trustee Amendment Bill (2017) proposes expanding these powers to include the assets of people that have been declared missing as well as aged and ailing adults.
“On application, the court may appoint the Public Trustee to act as a guardian for adults who are incapable of taking decisions by virtue of age, infirmity or any other reason that may be considered by the court,” says the proposed amendment bill.
In the case of missing individuals, the Public Trustee will have to make an application for the individual to be declared missing before being granted the powers to take charge of the assets by the court.
It is not clear whether the Trustee will also make the applications needed for the court to grant him power over the estates of the elderly and the unwell.
Additionally, it is not clear how the Public Trustee will relate to dependants and beneficiaries of these individuals although he will charge a fee for his guardianship services.