Who Compelled What?
@LietKynes sbm
bbm 1. Respectfully, do we know as a
fact, that SM had executed a PoA w terms sufficient for Title Ins (TI) co. and/or IN. homebuyers' lender to accept it, so BM could use the powers specified therein to sign deed to transfer SM's legal interest in their IN home to Buyers? Maybe, I could have missed it. A link, anyone?
Notwithstanding that
XYZ title ins. co. may have allowed BM or SM to use a PoA for a previous prop transfer does not necessarily compel
ABC title ins co or lender to accept that doc for this sale. Also the law and/or a co's protocols change over
time, so a PoA which a TI co accepted 1 - 5 - 10 years ago may not fly in 2020 in the same co.
bbm 2. IN
court did not compel BM to file for Gdnship. Only after BM filed petition, did the ct rule on Gdnship petition & appt, which I believe the
TI co. compelled him to seek, to sign deed on SM's behalf to close the sale.
Before issuing title ins policy, TI co requires any person w an ownership interest to sign deed to transfer that
interest. If an owner is not available/able to sign, then TI co requires an
authorized person to sign on other's behalf. TI co's require proof of authorization, a document in the form of a PoA the co. finds acceptable, or court issued Letters of Gdn'ship & Appt'mt. Another type of document may be accepted. Yoohoo, title ins co. people?
bbm 3. IN statute* specifies that a judge may appoint a guardian for a person who "
cannot be located after reasonable inquiry." That may not be your idea or John Q. Public's idea of being incapacitated, but it is one of multiple "incapacitated person" definitions the IN legislature enacted (in addition to a person unable to provide self- care, etc.) for judges to use in determining incapacity and need for a Gdnship.**
ETA: Welcoming comment, clarification, correction, esp'ly from our legal professionals and ppl w title ins co's. JM2cts.
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* Incapacitated person” means an individual who: (1) cannot be located upon reasonable inquiry; (2) is unable: (A) to manage in whole or in part the individual's property; (B) to provide self-care; or..." bbm
Indiana Code Title 29. Probate § 29-3-1-7.5 | FindLaw
** I'm not delving into discussing specifics of what BM/atty offered as proof that SM could not be located, or whether judge had evd to determine that SM could not be located. Just addressing how IN law defines "incapacitated" for purposes of Gdn'ship.