TN - Gail Nowacki Palmgren, 44, Signal Mountain, 30 April 2011 - #9

[Oriah]

Let's say Matt filed for divorce today, and the hearing came along, and Gail's missing person investigation is in the same status as it is right now, what does the judge do? Does he appoint an attorney to represent her?

How about somebody hiring an attorney to act on her behalf, while Matt is her next of kin? Can someone who is not her next of kin hire an attorney to act on her behalf?

Do I need to put these questions in the legal thread? :floorlaugh:

BBM: Wow- what a nightmare... your next of kin-who is filing for divorce while you are missing- might be the person to appoint someone to represent you?!? Yikes!

Yes on the legal thread, Bean!!

 

[BeanE]

BBM: Wow- what a nightmare... your next of kin-who is filing for divorce while you are missing- might be the person to appoint someone to represent you?!? Yikes!

Yes on the legal thread, Bean!!

Lol. I posted the questions in the legal thread.

 

[hollyblue]

In Gail's absence, I would think a true POA would have to go before the courts, not sure. In the real world, they would go together to a notary and it would be done.

It would sure be a sad state of affairs if that's how easy it is to gain access to her retirement money if he didn't have appear somewhere.

I had ask someone earlier about him getting POA and they stated Gail would have to sign off on it. ??

 

[Sleuthy1]

I had ask someone earlier about him getting POA and they stated Gail would have to sign off on it. ??

I am not exactly sure WHEN he got POA for Gail, just that he has it. (Or claims he has anyway):waitasec:. Quite possibly, Gail did "sign off" on the POA... LONG BEFORE she and Matt began having problems in their marriage. Maybe, Gail just never got around to changing the terms of her POA, as she was working very hard to get everything in order before leaving Matt and filing for a divorce. She just never got a chance to change the POA, before she went missing (DISAPPEARED). I am sure if she had the time she would have made that change too. (JMHO):twocents:. Sadly, she never got that chance and Matt still seems to have "control over Gail" to this day. Very sad indeed:sick:

 

[CatFancier]

I had ask someone earlier about him getting POA and they stated Gail would have to sign off on it. ??

That's what I thoguht too, that's why I figured to get one now he'd have to go before a judge?

 

[hollyblue]

In Gail's absence, I would think a true POA would have to go before the courts, not sure. In the real world, they would go together to a notary and it would be done.

It would sure be a sad state of affairs if that's how easy it is to gain access to her retirement money if he didn't have appear somewhere.

I posted this some time ago regarding this. There's more at the link:

The facts of many Enoch Arden cases do not establish desertion, however. Legislatures have taken a variety of approaches to solve this difficulty. Some statutes provide for the judicial dissolution of a marriage, provided a spouse has been absent for five consecutive years without any knowledge that he or she is alive, the spouse who commences the dissolution proceeding believes that the absent spouse is dead, and a diligent search was undertaken but there was no evidence that the absent spouse is alive. A spouse must obtain a dissolution of the marriage by the court before he or she can legally remarry or else the remarriage will be void as a bigamous marriage. Statutes usually require the spouse who initiates the proceedings to place a notice for a specified time in a newspaper judicially regarded as most likely to give notice to the absent spouse. Such Service of Process by publication satisfies the constitutional requirements of Due Process of Law in regard to the dissolution of the marriage, but it does not necessarily affect property or other rights

http://legal-dictionary.thefreedictionary.com/Enoch+Arden+Doctrine

 

[BeanE]

Okay, this document is from an East Tennessee legal aid government agency:

What is a Power of Attorney?

http://www.tennhelp.com/Library/Documents/1196698599.96/What Is a Power Of Attorney.pdf


Question - did Gail go on a long trip without Matt or something like that that she would have signed off on a POA? Referring to prior to her disappearance.

 

[Oriah]

It's my understanding that a power of attorney is specific to a situation?

For example- a friend recently signed over power of attorney to me to specifically sign paperwork to sell his home because he was out of the country and not in a position to handle the sale.

That was the only power of attorney I had- I did not have power of attorney over his health care, any other assets, any other properties he might own, etc. It was very specific. I have done the same thing with friends regarding only their healthcare.

So I am confused by the POA that Matt says he has. What is it specifically for?

 

[hollyblue]

I am not exactly sure WHEN he got POA for Gail, just that he has it. (Or claims he has anyway):waitasec:. Quite possibly, Gail did "sign off" on the POA... LONG BEFORE she and Matt began having problems in their marriage. Maybe, Gail just never got around to changing the terms of her POA, as she was working very hard to get everything in order before leaving Matt and filing for a divorce. She just never got a chance to change the POA, before she went missing (DISAPPEARED). I am sure if she had the time she would have made that change too. (JMHO):twocents:. Sadly, she never got that chance and Matt still seems to have "control over Gail" to this day. Very sad indeed:sick:

I just CAN'T believe Gail or any other woman would sign POA over to their husband...unless they were incapacitated???? Tell me I'm freaking out for nothing.

I guess we can surmize they didn't have a pre-nup?

 

[CatFancier]

Okay, this document is from an East Tennessee legal aid government agency:

What is a Power of Attorney?

http://www.tennhelp.com/Library/Documents/1196698599.96/What Is a Power Of Attorney.pdf


Question - did Gail go on a long trip without Matt or something like that that she would have signed off on a POA? Referring to prior to her disappearance.

Probably not since he was an equal parent, etc. The only real use in my world for a POA is when parents get sick and are dying, etc.

 

[BeanE]

Probably not since he was an equal parent, etc. The only real use in my world for a POA is when parents get sick and are dying, etc.

I'm thinking the POA is just another rumor.

 

[hollyblue]

Now I know why I'm not even considering getting married again!!!

 

[Irish_Eyes]

What is possible in most jurisdicitions I do believe, is for the judge to grant the divorce but not necessarily have a "global solution" in place at that time. For example a judge could award MP custody, divorce them, but could retain jurisdiction over financial and property issues for a certain length of time. I don't think that is what will happen necessarily but I know sometimes things like that have been done.

 

[Irish_Eyes]

Even though I appreciate all you "frequent fliers" here on Gail's thread, it's really nice to see other voices chiming in too. People with new ideas and experiences to share are like a breath of fresh air. I hope y'all stick around!

 

[fran]

So, UNLESS he was given a 'general POA' by GP prior to her disappearance, and IF he has one, I'd file, as a family member (of her's), to require the signature be verified by an expert and the notary or whatever, testify.

OTOH, if MP files for divorce, I am ALMOST certain a judge would NOT give him division of marital assets, to include 401K property.

OTOH, IF MP wants to declare GP dead, he's got a dilemma. After all, then there would be a CRIMINAL investigation. He'd have to be declared CLEAR of responsibility BEFORE any 401K or life insurance would be distributed. and well, we don't know if he can PROVE it.

Also, everything that he's said in an affidavit, IF it were deemed not the truth, is punishable as lying under oath. :innocent:

Too bad he had EXPERTS working with him to ERASE anything they wished regarding GP's existance.

JMHO
fran

 

[Emeralgem]

Also, he seems to have accessed Gail personal Facebook page a couple hours ago and made changes to it...obviously without her approval. :

SNIPPED...

Seriously, today? I do hope LE and the FBI have been informed about those changes...They need to check out the ip address and find out who really made those changes......JMHO

 

[Oriah]

So, UNLESS he was given a 'general POA' by GP prior to her disappearance, and IF he has one, I'd file, as a family member (of her's), to require the signature be verified by an expert and the notary or whatever, testify.

OTOH, if MP files for divorce, I am ALMOST certain a judge would NOT give him division of marital assets, to include 401K property.

OTOH, IF MP wants to declare GP dead, he's got a dilemma. After all, then there would be a CRIMINAL investigation. He'd have to be declared CLEAR of responsibility BEFORE any 401K or life insurance would be distributed. and well, we don't know if he can PROVE it.

Also, everything that he's said in an affidavit, IF it were deemed not the truth, is punishable as lying under oath. :innocent:

Too bad he had EXPERTS working with him to ERASE anything they wished regarding GP's existance.

JMHO
fran

BBM:

There is no such thing as erasing the existance of a life.
Only more work for us to uncover attempts at, or reasons for.

For every expert out there...there is one better.

(Moo, of course.)

 

[BeanE]

SNIPPED...

Seriously, today? I do hope LE and the FBI have been informed about those changes...They need to check out the ip address and find out who really made those changes......JMHO

That's how LE found Elizabeth Johnson. Her cell phone was pinging in one city in Texas, her car was in another city in Texas more than 100 miles from the phone, and she was on the other side of the country in Florida.

She posted on her Myspace.

I hope to God it was Gail on her Facebook.

 

[BeanE]

BBM:

There is no such thing as erasing the existance of a life.
Only more work for us to uncover attempts at, or reasons for.

For every expert out there...there is one better.

(Moo, of course.)

And we don't even know if anybody erased anything!

 

[Oriah]

And we don't even know if anybody erased anything!

Nope, we don't. And if anything was, we certainly do not know by whom at the moment.

(and O/T- Bean, did you intend your siggy to be code EDNNAETLraigsudmna /anmdusgiaLTEANNDE?? Way too much time on my part spent around SF :floorlaugh