Whether you can apply depends on what kind of interest you have with the missing person. The law of our country clearly stipulates the order of interested parties who apply for declaring the death of missing persons. If the upper stakeholders do not apply, other lower stakeholders may not apply.

Article 25 of China's judicial interpretation clearly stipulates that the order in which interested parties apply for declaration of death is:

(1) spouse;

(2) parents and children;

(3) Brothers and sisters, grandparents, grandparents, grandchildren and grandchildren;

(4) Other persons with civil rights and obligations.

The application for revocation of the declaration of death is not restricted by the above order.

In addition, it must be reminded that if you decide to apply to the court, you must bring relevant evidence to prove that the missing person has been missing for five years. Here, we need to pay attention to Article 26 of China's judicial interpretation. "Missing" refers to the situation that citizens have no news after leaving their last place of residence. For those who cannot communicate normally in Taiwan Province Province or abroad, they shall not be declared dead because their whereabouts are unknown. "

If the above two questions meet the legal requirements, that is, first, you are an interested party who has the right to apply for a declaration of death, and second, it is clear that the missing person is a real missing person recognized by China law. So it doesn't matter whether you apply directly or a lawyer handles it on your behalf. It is ok to apply by yourself, and it is also ok for a lawyer to handle it on his behalf. It's just that you don't have to go to so much trouble to handle it on your behalf, but the lawyer must have your valid entrustment document to handle it.