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Who can declare someone dead?
I THINK it is about 7 years one has to wait before the person can be declared legally dead. Look in the related link below for more information on this.
Why does a person who dies have to be declared legally dead when there is no such thing as illegally dead?
Well, you are technically correct in saying that there is no such thing as being illegally dead, although in some states, committing suicide is illegal. I know, how can the dead person be charged with a crime against themselves. Who knows.... A person has to be declared "legally dead" for many reasons. You have to declare somebody as dead so that nobody can vote, or collect social security benefits in their name.
Who has the authority to declare someone legally dead?
United StatesA licensed physician must pronounce that a person should be declared legally dead under the law.Declaring someone legally dead in absentia is generally covered in legal codes in each jurisdiction. and must be done through the appropriate court. The court will issue a judgment.
What is the difference between being dead and legally dead?
In this sense dead means no longer living.Being legally dead can have different meanings. Modern medical treatments can make death difficult to determine so we have criteria for determining legal death. A person who has no brain activity after being seriously injured might be declared legally dead and removed from life support.A person can be declared legally dead by a court if that person was known to be in a perilous situation the last time they were seen, such as a passenger who was a victim of a ship sinking whose body was never found. Also if a person has been missing for a number of years and there is no evidence that they are alive a court can declare they are legally dead.
How do declare a missing person dead in Mississippi?
In Mississippi, to declare a missing person dead, a family member or interested party must file a petition in the appropriate circuit court after the person has been missing for a specified period, typically five years. The court will then conduct a hearing to review evidence and determine if the person is presumed dead. If the court finds sufficient evidence, it will issue an order declaring the individual legally dead, which can facilitate the settlement of the person's estate and other legal matters.
Can a police officer declare a person dead?
No. The only persons who can declare a person dead are those who write death certificates; a medical practitioner or, in the absence of a body, a coroner.
How long can a person be missing in Canada before being declared legally dead in Canada?
In Canada, a person can be declared legally dead after being missing for seven years, according to the Federal Act and related provincial laws. However, if there is sufficient evidence that the person is dead, such as an accident or disaster, a court may declare them dead sooner. The process typically involves a legal application and consideration of various factors before a declaration is made.
What court do you petition to declare someone legally dead in Bronx ny?
In the Bronx, New York, you would petition the Surrogate's Court to declare someone legally dead. This process typically involves filing a petition and providing necessary documentation, such as proof of the person's disappearance and any efforts made to locate them. It's advisable to consult with an attorney who specializes in estate law to ensure proper procedures are followed.
Is it possible for someone to be legally dead but still alive according to the law?
No, according to the law, someone cannot be legally dead and still alive at the same time. Once a person is declared legally dead, they are considered deceased in the eyes of the law.
What does it mean when did your saint become a saint?
It means when did the saint get canonize or when did the Church declare that person to be a saint. Canonization/canonize is when the Catholic church declares a dead person to be a saint. It's a long and lengthy process to declare/canonize a person to be a saint.
How long in Oregon before a missing person is declared dead?
In Oregon, there is no specific time frame for declaring a missing person dead. Generally, a person must be missing for at least seven years before a court can declare them legally dead, according to state law. However, in cases where there is evidence of death or specific circumstances, such as an accident, a declaration may occur sooner through a court petition. Each case is evaluated individually based on the available evidence.
Do you have to have a jury to declare a missing person dead in the State of Iowa?
In Iowa, a jury is not required to declare a missing person dead. Instead, a court can issue a declaration of death after a missing person has been absent for a specified period, typically five years, under Iowa Code. The court will consider evidence surrounding the person's disappearance to determine if a declaration of death is appropriate.
