Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #12

[oviedo]

I'm thinking it could just be that BM needs the courts approval to sign documents that would normally require both their signatures for a property transfer. If he is appointed her guardian, he can sign on her behalf.

Yes that is my understanding but his guardianship is to determine her incapacity - why wouldn’t he just use a durable power of attorney which is routine in married couples ? IMO it’s because he no longer had it and this is the only way he can convey title to the buyer because that property is owned jointly - we do real estate too
JMO

 

[carbuff]

I'm thinking it could just be that BM needs the courts approval to sign documents that would normally require both their signatures for a property transfer. If he is appointed her guardian, he can sign on her behalf.

Or most any other kind of business, for that matter. Good point.

 

[FelicityLemon]

I don't find it odd or suspect; I think it's practical.
While it's been less than a month, life has to continue on for the family of the missing. It wouldn't be unusual at all for a spouse/parent to keep things moving and sadly, but very practically, the legal stuff is necessary. Things that require the signature of both spouses or the signature of the missing spouse (minor children tuition and medical for example). There are people who take care of things immediately rather than wringing their hands and worrying themselves sick when they need to be as functional as possible for children.

 

[carbuff]

Yes that is my understanding but his guardianship is to determine her incapacity - why wouldn’t he just use a durable power of attorney which is routine in married couples ? IMO it’s because he no longer had it and this is the only way he can convey title to the buyer because that property is owned jointly - we do real estate too
JMO

Uh...huh? Why?

 

[Knox]

Unless there’s a reason (such as required time limit) for this motion to have been made 3 wks after SM disappeared, I can’t wrap my brain around why it’s a perceived smart move. If he’s guilty of harming SM, this makes him look worse! And if he’s innocent, why is he making a move that makes him look terrible? Even if a hired lawyer said “Hey BM, this is something that is time critical to do”, I just can’t see where it shows any heart or compassion whatsoever. This fence I’m trying to sit on is uncomfortable tonight.

Can you search for Power Of Attorney filings in Indiana?

If Barry had a POA for the house in Indiana, how would that relate to the guardianship filing?

 

[oviedo]

I agree. Although, I can see a scenario on the other side (I like what one poster is doing, alternating days presuming innocence vs guilt...).

That is, suppose they were in the midst of a real estate transaction already before S disappeared. Maybe it was already in escrow even. And the buyer needs to close soon, so B is doing what he needs to legally to complete the transaction without S's signature.

Not saying I think this indicates his innocence, but it might explain the rushed declaration?

MOO

This is plausible except we haven’t found a valid listing for that property have we? Of course he could be selling it to family... no need to MLS it
JMO

 

[Knox]

Interesting the attorney is in Indiana? Both SM and BM have Salida, CO listed as their address?

Could this possibly be regarding guardianship over minors or is it in fact relating to property? MOO

06/03/2020
Motion Filed
Motion to Sell real estate
Filed By:
Morphew, Barry L
File Stamp:
06/01/2020

 

[GordianKnot]

I'm thinking it could just be that BM needs the courts approval to sign documents that would normally require both their signatures for a property transfer. If he is appointed her guardian, he can sign on her behalf.

BBM:

Right now, I'm asking myself if there was some property transaction in the works prior to her disappearance that SM was NOT willing to sign off on.

And now, she's missing…which means she can't object to anything he wants to do with any of "their" assets.

What was it her relative called him?

Oh, yeah: "Controlling."

That was it.

JMO.

 

[Seattle1]

@Chomsky -- BM petitioned for Guardianship of SM in their former State of Indiana. Why IN and is there a provision for this in USA? (Assuming they are residents of CO).


New law to help manage affairs of people who are missing:
England and Wales


The Guardianship (Missing Persons) Act of 2017 created a new legal status of guardian of the affairs of a missing person, allowing someone to act in their best interests after they have been gone for 90 days or more.

The act is informally known as Claudia’s Law, as former solicitor Peter Lawrence campaigned for a change after his daughter’s disappearance in 2009.

Prior to the Act, allowing a third party to oversee the financial and property affairs of a missing person in UK essentially took 7 years (i.e., petition to declare a person dead).

Under the law, ‘missing people’ will include:

• people who have gone missing in the UK and abroad
• victims of kidnap and hostage
• people in prison abroad who cannot communicate decisions about their property and financial affairs

New law to help manage affairs of people who are missing

ETA: My understanding is that Guardianship for missing persons is mostly unprecedented and worthy of a look at US Laws. It took the special 2017 law above to allow a UK Guardianship provision for missing persons.

 

[oviedo]

Can you search for Power Of Attorney filings in Indiana?

If Barry had a POA for the house in Indiana, how would that relate to the guardianship filing?

IN has public records but we can’t sleuth BM - Suzanne is the subject of the guardianship proceeding as the potential ward

 

[trujac]

I'm thinking it could just be that BM needs the courts approval to sign documents that would normally require both their signatures for a property transfer. If he is appointed her guardian, he can sign on her behalf.

In some States a General Power Of Attorney allows a spouse to transfer property without their significant other signing off on it--the wording in the document that BM filed is odd--SM is only missing at this point. And, with all their real estate property/non-profit business and other legal matters, including Suzanne's health concerns--I would be surprised if they didn't have in place a General Power of Attorney, and Health Directives for each other.

 

[vaporlass]

A business owner in the dirt business would have a lot of options as far as vehicles.

MOO

I’m sure he uses “truckloads” of Fertilizer/Mulch for landscaping jobs? Curious... Would that mask smell?

 

[Love Never Fails]

DBM

 

[oviedo]

BBM:

And right now, I'm asking myself if there was some property transaction in the works prior to her disappearance that SM was NOT willing to sign off on.

And now, she's missing.

Which means she can't object or refuse to go along with anything.

JMO.

Exactly
Makes this intriguing now IMO

 

[KLM6]

Yes that is my understanding but his guardianship is to determine her incapacity - why wouldn’t he just use a durable power of attorney which is routine in married couples ? IMO it’s because he no longer had it and this is the only way he can convey title to the buyer because that property is owned jointly - we do real estate too
JMO

A PoA would require her signature, and whatever he is signing would need to be defined or fall into the realm of the PoA. I would assume that is why he is requesting guardianship, under the means that she is "incapacitated".

 

[TKG]

06/03/2020
Motion Filed
Motion to Sell real estate
Filed By:
Morphew, Barry L
File Stamp:
06/01/2020

Okay, well that answers that! I keep finding myself shaking my head on this one. Either we are dealing with a highly skilled individual or an ill advised one. IMO

 

[TKG]

Exactly
Makes this intriguing now IMO

Is it just me or does this sound all sorts of alarms?

 

[Knox]

IN has public records but we can’t sleuth BM - Suzanne is the subject of the guardianship proceeding as the potential ward

POA would also contain her name, just as this filing does, no?

@sillybilly can you chime in on this one?

 

[vaporlass]

I’m thinking pickup truck, container, car wash or trailer? Frazee style...? Scent dogs didn’t alert on his truck and we know it was used to transport poor KB to & fro

And if it hadn’t been for that Rodeo Queen...would we still be waiting for them to arrest Frazee???

 

[oviedo]

In some States a General Power Of Attorney allows a spouse to transfer property without their significant other signing off on it--the wording in the document that BM filed is odd--SM is only missing at this point. And, with all their real estate property/non-profit business and other legal matters, including Suzanne's health concerns--I would be surprised if they didn't have in place a General Power of Attorney, and Health Directives for each other.

Yes he wants her determined incapacitated so he controls everything depending on the type of guardianship - here’s the thing - Married couples with a current unrevoked estate plan have durable power of attorney so in ANY event they can take over for each other - if we are to believe her history and the existing public records in IN - they had at least one document for a specific transaction IMO and now he needs to sell the only other property owned jointly in IN - it isn’t routine IMO to bring about a guardianship for a missing person and have them determined incapacitated