Good point about a possible inheritance being a source of cash. I dont know either way on that, but it would explain where it's coming from.
so i spent way too much time looking into Colorado guardianship law. basically what i found is that the court doesnt like to grant them unless its absolutely necessary and when they are granted they try to limit the powers as much as possible. I could not find a single case involving missing persons so i have no idea if the court would consider a missing person a incapacitated adult. They have a general list of who has priority claim to the role of guardian and spouses get greater priority then parents BUT anyone can object to the motion. The court is most concerned with what would be in the best interest of the incapacitated person, so if the parents object there's a chance they could get guardianship to them or another qualified party. (CRSA § 15-14-310. Who may be guardian--priorities--prohibition of dual roles) but there were any cases i could fine discussing this so it could go either way.
I was thinking about it and I have no proof of this but I think Suzanne must have some kind of trust fund or other asset in her name that Barry doesnt have access too and thats why hes filing. Usually guardianships are granted only when someone doesnt have the ability to care for themselves, Suzanne is missing not disabled... so the only potential benefit of this that I could think of was some trust or asset in her name or maybe life insurance? All the other powers he would get as her husband by default (medical decisions, lifestyle decisions, legal decisions) BUT unless a body shows up he'd have to wait the 7 years to have her declared legally dead before he could access her assets. Otherwise why bother filing for this power that doesn't really help anything. Again I have no proof of this, buts its the only thing I could think of that would make sense. TBH I looked through there property/asset records and it was either both of them or just Barry. So If im wrong then I have no idea what this man is doing. What do you guys think? Am I totally off base? and just for reference below is the list of powers granted to a guardian:
(1) Subject to the limitations set forth in
section 15-14-316 and except as otherwise limited by the court, a guardian may:
(a) Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
(b) If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling, but may only establish or move the ward's place of dwelling outside this state upon express authorization of the court;
(c) If a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;
(d) Consent to medical or other care, treatment, or service for the ward; and
(e) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being.
(2) The court may specifically authorize or direct the guardian to consent to the adoption or marriage of the ward.
