DISAPPEARANCE OF A PERSON IN BOLIVIA: LEGAL ACTIONS AND PROTECTION OF PROPERTY

LEGAL GUARDIAN FOR MISSING PERSONS IN BOLIVIA

JUDICIAL APPOINTMENT OF A GUARDIAN FOLLOWING A PERSON’S DISAPPEARANCE

If a person disappears and no news is received, any interested party—or the judge ex officio—may request the appointment of a legal guardian (curador). This figure acts on behalf of the missing person in legal and financial matters. The guardian may participate in lawsuits, perform inventories, manage accounts, conduct asset divisions, and take measures to preserve the absentee’s property, provided there is no spouse or active power of attorney.

LEGAL DECLARATION OF ABSENCE IN BOLIVIA

REQUESTING A DECLARATION OF LEGAL ABSENCE

After two years have passed since the last known contact with the missing person, presumptive heirs or other individuals with derivative rights may request that a judge declare the person legally absent. This process requires a summary proceeding at the absentee’s last known residence, where evidence and witness statements must support the claim of disappearance.

PROVISIONAL POSSESSION OF PROPERTY DURING LEGAL ABSENCE

TEMPORARY ACCESS TO ASSETS BY HEIRS IN CASE OF LEGAL ABSENCE

Once legal absence is declared, potential heirs may request provisional possession of the absentee’s assets. This allows them to manage, use, and represent the missing person in legal matters, subject to certain restrictions. For example, forced heirs may keep all the income generated by the assets, while other heirs must reserve one-third in case the absentee returns.

RESTRICTIONS ON PROPERTY MANAGEMENT IN LEGAL ABSENCE CASES

To protect the absentee’s estate, provisional possessors may not sell, mortgage, or pledge assets without express judicial authorization. If justified by necessity, the judge may permit asset disposal, indicating the specific use of any proceeds obtained.

THIRD-PARTY RIGHTS IN PROVISIONAL POSSESSION CASES

If others later prove equal or stronger claims to the estate, they may join or replace the initial possessors. However, they may not claim prior profits unless bad faith is proven.

LEGAL CONSEQUENCES OF THE REAPPEARANCE OR CONFIRMED DEATH OF A MISSING PERSON

WHAT HAPPENS IF THE MISSING PERSON RETURNS OR IS CONFIRMED DEAD?

If the missing individual is found alive, all effects of the legal absence are annulled, and their assets and rights are returned. Conversely, if the person is proven to have died during the provisional possession period, full succession proceedings may commence in favor of the heirs.

PRESUMED DEATH DECLARATION IN BOLIVIA

FIVE-YEAR TIMEFRAME FOR DECLARING PRESUMED DEATH

If no news of the missing person surfaces after five years, a judicial declaration of presumed death may be requested. This enables definitive possession and full inheritance rights for the heirs. In special cases—such as disappearances due to accidents, wars, or disasters—the required time may be shortened to two or three years from the event.

HOW IS A PRESUMED DEATH JUDGMENT PUBLISHED AND REGISTERED IN BOLIVIA?

The judgment must be published twice in the press with ten-day intervals and then registered with the civil registry. This ensures transparency and gives potential claimants a chance to respond.

RESTORATION OF PROPERTY IF THE PRESUMED DECEASED RETURNS IN BOLIVIA

If it is later proven that the person is alive, they are entitled to recover their property in its current state and may claim proceeds from sold assets, as well as any property purchased with such funds. Legal effects of prescription and adverse possession already finalized will remain valid.