VI.   Homo Sapien Life

An absent elder is a person over the age of seventy(70) years that fails to be in attendance at their place of domicile without advising anyone, and of whom it is unknown as to their general location, health and/or well-being.

A missing elder is any absent elder for whom a person fears for their safety, health and/or well-being and so notifies law enforcement officials of the circumstances of their absence.

The liability for a missing elder shall fall upon the married or civil union spouse of an absent adult and/or appointed guardian or carer unless proof of their death and/or proof of abduction are in evidence.

Unless a person fears a crime has been committed, or the process of a crime underway involving the disappearance of a person, the minimum reporting time for a missing adult is twenty-four (24) hours. The reporting of a missing person under this time, with no valid reason to fear a crime has been committed shall be considered a civil offence.

Upon the expiry of a period of not less than sixty (60) days, a person holding the power of attorney to administer an absent elder’s estate may be appointed with the power to administer the general expenses of the estate but not to liquidate assets otherwise in the general financial management of expenses. Where no power of attorney exists, the state may allocate this function to the Public Trustee.

Administration of an Estate is terminated by return of the Person, or by the appointment by them of an Executor to their property, or by declaratory judgment of death or by proof of their death and the presence of a valid Will and Testament.

The married or civil union spouse of an absent elder may, after one year of absence, apply to the court for a declaration that the patrimonial rights of the spouses may be liquidated.

An absent elder is presumed to be alive for seven (7) years following their disappearance, unless proof of their death is made before then.

Upon the expiry of the seven (7) year period, the outstanding estate of the elder may be liquidated and the elder declared deceased.

Upon the expiry of the seven (7) year period, the person’s outstanding estate may be liquidated according to the rules of succession listed in their will as if the person is declared deceased. Where for such purposes a death certificate is required, the executors of such an elder's estate may apply to the Registrar of Civil records have a death certificate issued.