Legal Definitions - durante absentia

Durante absentia is a Latin phrase that translates to "during absence." In legal terms, it refers to a situation where temporary authority or administration is granted to an individual or entity because the primary person responsible for those duties is unavailable or absent. This temporary arrangement is put in place to ensure that critical affairs continue to be managed without interruption, preventing potential harm, delay, or neglect of responsibilities.

Here are some examples illustrating the application of durante absentia:

• Estate Administration: Imagine a situation where the executor named in a will, who is responsible for managing the deceased person's estate, suddenly becomes incapacitated due to a severe illness and is unable to perform their duties for an extended period. To prevent the estate's assets from being neglected or urgent debts from going unpaid, a court might appoint a temporary administrator durante absentia. This temporary administrator would have the authority to handle immediate and essential tasks, such as paying bills, securing property, or managing investments, until the original executor recovers and can resume their role, or a permanent replacement is appointed.

• Guardianship of a Minor: Consider a court-appointed guardian for a minor child who needs to leave the country unexpectedly for several months due to a family emergency. While the guardian is away, the child still requires someone with legal authority to make decisions regarding their education, medical care, and daily living. In such a case, the court could appoint a temporary guardian durante absentia. This temporary guardian would step in to ensure the child's well-being is continuously protected and that necessary decisions are made in the primary guardian's absence, without the need for a full, permanent change in guardianship.

• Management of a Trust: Suppose the sole trustee of a charitable trust, responsible for overseeing its investments and distributing funds to beneficiaries, becomes unreachable due to an unforeseen and prolonged personal crisis in a remote area with no communication. To prevent the trust's assets from being mismanaged or distributions to charities from being delayed, a court might appoint a temporary trustee durante absentia. This temporary trustee would have the authority to manage the trust's financial operations and make time-sensitive decisions until the original trustee returns or a permanent successor can be properly identified and appointed.