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

[Hoss569]

bbm
So, BM having POA wasn't enough.
Wonder why the courts felt it necessary to compel him to request "guardianship" ?
As in, there was no way on earth BM was going to be able to prove Suzanne was 'incapacitated'.

The courts in IN had to take him at his word.
Curious about which judge thought that was fine.

IANAL; but if I were that judge, I would've told BM he couldn't just waltz in and say--(paraphrased by me); "LISTEN, my wife is incapacitated so I need guardianship to sell this property plus any other assets in her name only. Capiche ? "

If as it was stated in earlier threads, the oldest daughter signed consent for BM-- again if I was the judge or lawyer granting BM access to funds that weren't in his name -- I'd want to speak to that daughter without BM present.
If he refused to allow anyone to speak to her, then no guardianship.
There's probably a good reason why the girls have been silent about the disappearance and possible death of their mother; they're not to blame for being to fearful to speak out-- if that's the reason.
They're victims as well, in the cruelest possible circumstances.
Imo.

Good post!

I dont think we know if there was a POA between SM and BM for sure.

The guardianship could simply be by request of the title company even if there was a POA, just to make sure there not in a mess and have something concrete.

Even tho POA's are supposed to be interstate acceptable, we dont know the type of POA, if there was one, and if it was good between states or it could have had a time limit as well.

 

[Deleted member 102539]

Speculation :
What IF the lawyer lies, and says "Well, look, Suzanne's own mother in law said Suzanne was friendly towards a construction employee assisting with the work done in their yard. So what does that tell you ?"

With nothing of course to back it up except BM's mom's 'say so'.
Or any other gag-inducing reason.

As far as facts, we know from the TD video she was with BM moving the truck when TD was trying to talk to BM.
Circling the wagons.
Imo.

It tells: Whether friendly or unfriendly to a construction employee in their yard, it doesn't hinder a perp to do something nefarious to Suzanne.

Very bad, if that is interpreted differently and used for defense. I'm afraid of the trial ........

 

[Deleted member 102539]

Speculation :
What IF the lawyer lies, and says "Well, look, Suzanne's own mother in law said Suzanne was friendly towards a construction employee assisting with the work done in their yard. So what does that tell you ?"

With nothing of course to back it up except BM's mom's 'say so'.
Or any other gag-inducing reason.

As far as facts, we know from the TD video she was with BM moving the truck when TD was trying to talk to BM.
Circling the wagons.
Imo.

bbm
It tells: Whether friendly or unfriendly to a construction employee in their yard, it doesn't hinder a perp to do something nefarious to Suzanne.

Very bad, if that will be interpreted differently and used for defense. I'm afraid of the trial ........

 

[al66pine]

Powers of Atty. (again)

LOL is that Brain Surgery Kit available on Amazon?
Just because someone presents a title company with a POA, the title company is not obligated or required to accept it if it does not withstand their scrutiny of the form, language, age of the document, notary acknowledgement, etc. If a buyer plans on using a POA to sign their loan documents that requires lender approval in addition to title company approval. Much cleaner for the closer to prepare a specific POA for the buyer or seller which is limited to a single transaction and a specific property. MOO

@Hair of the Dog bbm. Yes, my earlier post did not come across as clearly as your ^ wording, but it was intended to make just that point. Thank you for making it crystal clear.

During my employment in law/compliance dept of a NYSE firm, we rejected some acct-holder submitted PoAs for failure to include the 'magic language' in the powers clause, for absence of notarization, etc. We offered as an alternative, a PoA form w the magic language an acct-holder could sign & have notarized, to authorize an agent to place buy and sell orders for specified types of investments, to withdraw and deposit $ and securities from the acct, etc, etc, etc. on the acct holder's behalf. The form also included indemnification provisions, etc. for protection of our firm and was drafted to apply only to the acct-holder's & agent's dealings w our firm; it was not a doc the agent could submit to, say, a bank or a real estate agent to handle that $ or prop.

 

[al66pine]

dbm.

 

[borndem]

Just saw this:

Missing Colo. Mom Suzanne Morphew Is Presumed Dead in Her Recently Deceased Father’s Obituary

Colorado mom Suzanne Morphew has been missing since May 10, with investigators now zeroing in on her social media presence

By KC Baker
November 19, 2020 01:15 PM
Colorado mom Suzanne Morphew has been missing since Mother’s Day, when she is believed to have vanished while on a bike ride.
Authorities have not said whether they believe Morphew, 49, of Salida, is dead, but after Morphew’s father, Gene Moorman, died on Nov. 11 at age 87, his obituary stated Morphew “preceded him in death."
In the obituary, Morphew is described as being "missing and presumed dead."
Morphew’s brother, Andrew Moorman, has said he believes his sister was murdered.

More here:
Missing Colo. Mom Suzanne Morphew Is Presumed Dead in Her Recently Deceased Father’s Obituary

 

[borndem]

The only reason I could see re naming a POI would be if the town or neighborhood, etc., were very alarmed about what happened and are afraid that there is a "crazy killer on the loose." It could be LE's way of trying to calm those people, avoid a possible civilian "militia" to start loading guns, etc., and to also let them know that they have made progress in the case. OTOH, LE doesn't want their (non-named in public) suspect to get antsy and scram by hearing that LE has their minds on someone. But LE IMO knows how to judge things either way and knows, most of the time certainly since this is what they do for a living, how to play it.
What often happens is when LE does have their eyes on someone and they have good evidence, they may announce a POI and an arrest is imminent.
JMO

 

[Murphy1950]

[

Just saw this:

Missing Colo. Mom Suzanne Morphew Is Presumed Dead in Her Recently Deceased Father’s Obituary

Colorado mom Suzanne Morphew has been missing since May 10, with investigators now zeroing in on her social media presence

By KC Baker
November 19, 2020 01:15 PM
Colorado mom Suzanne Morphew has been missing since Mother’s Day, when she is believed to have vanished while on a bike ride.
Authorities have not said whether they believe Morphew, 49, of Salida, is dead, but after Morphew’s father, Gene Moorman, died on Nov. 11 at age 87, his obituary stated Morphew “preceded him in death."
In the obituary, Morphew is described as being "missing and presumed dead."
Morphew’s brother, Andrew Moorman, has said he believes his sister was murdered.

More here:
Missing Colo. Mom Suzanne Morphew Is Presumed Dead in Her Recently Deceased Father’s Obituary

Wow!!!Where does this come from? "Her husband is not considered a suspect or person of interest in the case, according to authorities."
Really??

 

[steeltowngirl]

[

Wow!!!Where does this come from? "Her husband is not considered a suspect or person of interest in the case, according to authorities."
Really??

WOW. Yeah, that is new news for sure. And that’s from People. Somewhat credible, I suppose.

What authorities? Authorities at People, who called BM and asked him?

I am emailing the author of the article to ask her source.

jmo

 

[al66pine]

Who Compelled What?

bbm So, BM having POA wasn't enough.
Wonder why the courts felt it necessary to compel him to request "guardianship" ?
As in, there was no way on earth BM was going to be able to prove Suzanne was 'incapacitated'.....

@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.
___________________________________________
* 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.

 

[lonetraveler]

I don't think Suzanne is going to be found. I also don't think BM will ever reveal anything. I think he's going to ride this to the bitter end, declaring his innocence and pointing fingers everywhere else, no matter what kind of evidence LE has that points only to him. He reminds me of Scott Peterson in that respect.

MOO

Also reminds me of Drew Peterson who is serving time for his ex-wife's murder. His last wife, Stacey Peterson is still missing and presumed dead.

 

[al66pine]

People.com: BM Not a Suspect?

[ Wow!!!Where does this come from? "Her husband is not considered a suspect or person of interest in the case, according to authorities."
Really??

@Murphy1950 You said it, Yowza!
I wonder if this Nov. 19 article was built on cuts & pastes from articles waaaay back.
Did you notice lead sentence beat that old, decrepit, near-death-horse phrase about SM vanishing on a bike ride? jm2cts.
ETA: CO - CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #49

 

[DizzyB]

People.com: BM Not a Suspect?
@Murphy1950 You said it, Yowza!
I wonder if this Nov. 19 article was built on cuts & pastes from articles waaaay back.
Did you notice lead sentence beat that old, decrepit near-death-horse phrase about SM vanishing on a bike ride?
jm2cts.

I wonder if the journalist fact checked the piece. I don’t know know why I am so annoyed that she said Suzanne was on a bike ride, and especially about authorities not considering BM to be a suspect. What a piece of garbage piece.

 

[Megnut]

"Oh, Suzanne, if you or anyone out there who has you..."

Cut.

Does that constitute "reasonable inquiry"?

Facebook, the new public announcements page of old newspaper...

Days 1 through 6, too soon.

Day 7, make reasonable inquiry

Day 14, seek papers signing from GM.... she's not coming back.

Day 15+ pursue guardianship in Indiana

It was never about finding Suzanne.

JMO

 

[LietKynes]

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.
___________________________________________
* 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 SBM/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.

Thank you for your detailed reply !!
More information than I'd expected.
IANAL.
I was on the fence whether BM had decided to seek guardianship all by his lonesome or if it was suggested as you so elegantly stated by the TI co.
So thanks for the clarification.
Much appreciated !

 

[steeltowngirl]

I am going to guess that IF they called CCSO or CBI, they were told he was not NAMED as a suspect or POI.

And that’s a big IF.

jmo

 

[LietKynes]

I wonder if the journalist fact checked the piece. I don’t know know why I am so annoyed that she said Suzanne was on a bike ride, and especially about authorities not considering BM to be a suspect. What a piece of garbage piece.

Yep, it would appear that way !
*sigh*
Another non-story.

If only we could get the title of this thread changed to reflect the unknowns of this case....
I know, wishful thinking.
"Suzanne Morphew allegedly vanished from her home ; and not on a bike ride, or mountain lion attack, or a random kidnapper, or someone known to her, or 'got herself into the river'-- as her husband wants us to think. "
Too 'wordy' ?
Or perhaps something similar ?

 

[Spartygirl]

Powers of Atty. (again)
@Hair of the Dog bbm. Yes, my earlier post did not come across as clearly as your ^ wording, but it was intended to make just that point. Thank you for making it crystal clear.

During my employment in law/compliance dept of a NYSE firm, we rejected some acct-holder submitted PoAs for failure to include the 'magic language' in the powers clause, for absence of notarization, etc. We offered as an alternative, a PoA form w the magic language an acct-holder could sign & have notarized, to authorize an agent to place buy and sell orders for specified types of investments, to withdraw and deposit $ and securities from the acct, etc, etc, etc. on the acct holder's behalf. The form also included indemnification provisions, etc. for protection of our firm and was drafted to apply only to the acct-holder's & agent's dealings w our firm; it was not a doc the agent could submit to, say, a bank or a real estate agent to handle that $ or prop.

Yes, POA's are tricky, especially with property dealings.
We have to have our borrowers/sellers POA go through our legal dept to get approved.
You just cant show up with a POA and sign away.
JMO

 

[Spartygirl]

Yep, it would appear that way !
*sigh*
Another non-story.

If only we could get the title of this thread changed to reflect the unknowns of this case....
I know, wishful thinking.
"Suzanne Morphew allegedly vanished from her home ; and not on a bike ride, or mountain lion attack, or a random kidnapper, or someone known to her, or 'got herself into the river'-- as her husband wants us to think. "
Too 'wordy' ?
Or perhaps something similar ?

I think -- Suzanne Morphew--missing since May 10, 2020
would be a better thread heading.
JMO

 

[LietKynes]

I think -- Suzanne Morphew--missing since May 10, 2020
would be a better thread heading.
JMO

I like that. ^^^

Mine was obv. tongue in cheek....