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Families attending the 2017 Missing Persons Day ceremony in Dublin. Sam Boal/RollingNews.ie

New law will allow missing persons' families apply for 'presumption of death order'

The legislation will mean the affairs of a missing person who is presumed dead can be put in order.

A BILL THAT will allow families of missing persons to apply for a presumption of death order has been approved by Cabinet.

The legislation when enacted will mean the estate of a missing person who is presumed to have died can be administered and their affairs can be put in order. It will also bring marriage or civil partnership to an end.

The bill started as a Private Members’ Bill, initiated by Senators Colm Burke, Marie-Louise O’Donnelland Lynn Ruane, but there is support for the proposed legislation on both sides of the House.

The government has submitted a number of technical amendments to the Civil Law (Presumption of Death) Bill and yesterday agreed for a money message to allow it to proceed to committee stage in the Dáil today.

Senator Burke welcomed the move, pointing out that as the law stands now, there is no legal procedure to allow for a person’s estate to be managed if they are missing and it is clear from all available evidence they have died.

“Their families and friends are left in limbo, unable to take any action in respect of the person’s affairs,” he said.

A death certificate cannot be issued, life insurance policies will not be processed and no decisions can be made in respect of the assets of the person’s estate.

The bill will apply where the circumstances of the disappearance indicate death is “virtually certain” or where the length of disappearance indicates it is highly probably the person has died.

Burke said the aim is to provide a clear pathway for families to “overcome those challenges at what is already a very difficult time”.

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    Mute Paul
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    Jul 6th 2016, 2:36 PM

    Why the hell would relatives refuse to let them move if the HSE are doing it for safey reasons. Bet they wouldn’t care for the fire fighters having to enter the building in an event of a fire.

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    Mute Sam Bartell
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    Jul 6th 2016, 2:55 PM

    Because its seen as an excuse to close the facility permanently-a lot more to this story than whats in the article

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    Mute Dave!
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    Jul 6th 2016, 3:05 PM

    This is par for the course for years.. underfund a community hospital to the point where it’s both unsafe and not viable to repair it and then shut it down. These faults didn’t happen yesterday. Years of neglect.

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    Mute Peter Fechter
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    Jul 6th 2016, 3:05 PM

    HSE transparency…if this doesnt work to close the place permanently then they will call in the big guns…the “independent and impartial” HIQA.

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    Mute pat seery
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    Jul 6th 2016, 8:42 PM

    They paint the building upgraded the parking new entrances parking meters (not used) its like the Guinness Ad Putting the Cart before the Horse you would think that they would start on the inside and work out to the ( road) It certainly wort a bet it will never open again The H S E H have no heart Watch this space

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    Mute Liam Burke
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    Jul 6th 2016, 2:52 PM

    Whats the bet, that the hospital wont re-open due to other issues discovered with the electrical work.
    And how come it will take 5 months to do the work, is there only one electrician being hired?

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    Mute Paddy Ryan
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    Jul 6th 2016, 3:16 PM

    I’m for the life of me trying to work out what exactly would take five months. An entire housing estate wouldn’t take that and it’s not as if the nursing home wouldn’t have the “ground work” already done such as walls chased etc.. There’s something else going on here.

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    Mute Ann Glasgow
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    Jul 6th 2016, 5:14 PM

    oh PLEASE!! the HSE care about vulnerable patients……there is certainly an agenda here and it is most certainly not for the good of the patients…..5 months to fix electrical work!!! the same crowd that has minimum entry ( if that) looking after vulnerable people and some dont even have functional english!!!

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