Found Deceased TX - Alan White, 55, seen leaving LA Fitness, Dallas, 22 Oct 2020 #3

[minneolo]

One other consideration:
I believe I read upthread that Alan & RJ had flipped or bought/improved homes frequently. If this was indeed their practice, they may have made POA specifically for this purpose so that only one of them needed to be present for closing / do paperwork.

 

[Spartygirl]

I never thought them having a POA was unusual. The only thing I found unusual is being able to sell using only a POA.

One can sell property with a POA if the POA documents states it.
IMO from experience.

 

[Spartygirl]

I have so many questions as to how this sale went through. I was under the impression that one cannot use a POA for someone who is missing - and if declared dead, the POA is not valid, and said person has to be proven to be alive for a POA to be in play.

If you are a POA for someone who is not legally deceased, then you can sign legal documents as POA.
IF you are a POA for someone who dies, then the POA is VOID at time of death.
AW has not been declared deceased, to my knowledge so if anyone has POA, they are able to sign documents for him.

 

[anonypotomous]

If you are a POA for someone who is not legally deceased, then you can sign legal documents as POA.
IF you are a POA for someone who dies, then the POA is VOID at time of death.
AW has not been declared deceased, to my knowledge so if anyone has POA, they are able to sign documents for him.

I know that a POA is null upon death. But what you are basically saying, is that you don't need to show proof of life for the person you are signing for? You don't need a special court order or guardianship, etc if someone is missing, but not declared deceased? Is this the same in every state? This is what piques my curiosity.

 

[Spartygirl]

I know that a POA is null upon death. But what you are basically saying, is that you don't need to show proof of life for the person you are signing for? You don't need a special court order or guardianship, etc if someone is missing, but not declared deceased? Is this the same in every state? This is what piques my curiosity.

I don't know about every State.
Some states the POA can sign for a missing person.
Not sure with all the States though.

 

[Valiant]

I know that a POA is null upon death. But what you are basically saying, is that you don't need to show proof of life for the person you are signing for? You don't need a special court order or guardianship, etc if someone is missing, but not declared deceased? Is this the same in every state? This is what piques my curiosity.

The difference in this case is the POA already existed. And, while missing, Alan is still legally considered alive.
Guardianship, I believe, comes into play only when no POA exists for the missing person.

 

[anonypotomous]

The difference in this case is the POA already existed. And, while missing, Alan is still legally considered alive.
Guardianship, I believe, comes into play only when no POA exists for the missing person.

Well of course a POA has to already exist to be used, that’s pretty clear. But again, in most instances you must show proof of life to use it. That’s the whole point of these POA conversations. I’m appreciative of those who have chimed in with helpful info explaining how there can apparently be work arounds. Even as it looks like it was done in less than 8 weeks of him being missing. Stranger things have happened .. like Michael Chambers, etc.

 

[Valiant]

Well of course a POA has to already exist to be used, that’s pretty clear. But again, in most instances you must show proof of life to use it. That’s the whole point of these POA conversations. I’m appreciative of those who have chimed in with helpful info explaining how there can apparently be work arounds. Even as it looks like it was done in less than 8 weeks of him being missing. Stranger things have happened .. like Michael Chambers, etc.

Alan is not legally dead. That makes the POA valid. Simply being missing does not invalidate the POA.

I have a POA for an elderly relative who is now mentally incapable. I've never had to submit proof she is alive to use the POA when dealing with a third party on her behalf.

 

[crhedBngr]

Thank goodness that victim got away. All of this makes me sad and mad. I feel like some criminals target gay men, thinking they are an easy target, may not report a crime and that some members of LE may not initially take things seriously. MOO

RBBM

Very true.

Unfortunately.

JMVHO.

 

[anonypotomous]

Alan is not legally dead. That makes the POA valid. Simply being missing does not invalidate the POA.

I have a POA for an elderly relative who is now mentally incapable. I've never had to submit proof she is alive to use the POA when dealing with a third party on her behalf.

Ok. You win.
I’m not too bright and just going by what I’ve been told by TX real estate people as far as using a POA to sell a home. If you were able to sell a home for your elderly relative in TX using a POA without having to prove anything, that’s good enough proof for me. Thanks for your insight and letting us know that it’s been done and no proof of life is actually needed.

 

[Marg from Oz]

I'm in Australia and had P.O.A. for my father. I sold his house just using the P.O.A.

 

[anonypotomous]

I'm in Australia and had P.O.A. for my father. I sold his house just using the P.O.A.

He was missing at the time?

 

[CHEL]

I work for an attorney in Louisiana and we do POAs all of the time for people to sell property. Proof of life has never been questioned when a client uses it.

 

[anonypotomous]

I work for an attorney in Louisiana and we do POAs all of the time for people to sell property. Proof of life has never been questioned when a client uses it.

Good to know - there's a lot of confusing information out there apparently!

 

[Limecat]

I hate when a thread reaches this point, where we know so little and have speculated so much that it’s like there’s nothing left to offer, other than alien abduction. I’d be happy with that at this point. Where are you Alan? What happened to you in that short window of time? I truly pray you are off somewhere living your best life, that running away was your only option for happiness.
Do I believe that? No. But I’d like to.

All MOO and speculation.

 

[Dre]

Last night was listening to a mystery novel with a cop as the narrator and he was talking about how “clearly this was personal, as the car wasn’t stolen or stripped, no robber would have left that untouched like that”
Which has been my feeling since the beginning.
I couldn’t get Alan’s case out of my head after that.
WHERE ARE YOU ALAN?

 

[Curiousobserver]

I hate when a thread reaches this point, where we know so little and have speculated so much that it’s like there’s nothing left to offer, other than alien abduction. I’d be happy with that at this point. Where are you Alan? What happened to you in that short window of time? I truly pray you are off somewhere living your best life, that running away was your only option for happiness.
Do I believe that? No. But I’d like to.

All MOO and speculation.

We really haven't seriously debated alien abduction...

 

[Limecat]

We really haven't seriously debated alien abduction...

I’m willing if you are Curiousobserver.

 

[Marg from Oz]

He was missing at the time?

No of course not. Nobody asked me to present him in person. He could have been dead for all they knew.

 

[Curiousobserver]

I’m willing if you are Curiousobserver.

I am thinking dark matter bubbles exactly the size of a Porshe and extra dimensions of space-time. At least 1 infinity stone...

Seriously though- this is a human being who is missing. He is valuable and deserves to be found.