Practical Aspects of Performing Duties of the Guardian of a Person Whose Whereabouts Are Unknown by Attorneys-at-Law Designated for This Function in Civil Proceedings

Abstract

The guardian of a person whose whereabouts are unknown is not only responsible for representing the absent party/participant in civil proceedings until they join the ongoing proceedings, but is also obligated to establish that person’s address for service, unknown to the parties to the proceedings and the court hearing the case. Until the judicial correspondence is served to the absent party/participant, the guardian performs all necessary acts in the case on behalf and for the benefit of that person. The guardian of a person whose whereabouts are unknown is not entitled to expect public institutions or authorities to provide information about the absent party/participant in the proceedings. In practice, the actions of guardians related to determining the whereabouts of the party/participant being represented may therefore boil down to searching for such a person in the field or on social networking sites, which may raise legitimate doubts in light of the professional ethics standards applicable to attorneys-at-law and advocates or the provisions on personal data protection.