By law, a person is an absentee if, while still having a domicile in Québec, the person ceases to appear there without advising anyone, and if it is unknown whether the person is still alive. A family member may disappear for various reasons, such as abduction, flight, illness, voluntary disappearance, murder, suicide, etc.
The absentee is presumed to be alive for the seven years following the disappearance, unless proof of the person’s death is made during that period. During the person’s absence, you or the Public Curator may apply for the institution of tutorship to the absentee. This procedure will allow you to administer the absentee’s property, exercise the absentee’s rights and perform the absentee’s obligations.
A declaratory judgment of death can only be pronounced seven years after the person’s disappearance. A declaratory judgment of death produces the same effects as death.
