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

[Seattle1]

Good afternoon all. Normally I am simply a lurker on this site. However, I signed up today due to an interesting question. As an attorney, I thought I would give some guidance and reference material for the jurisdictional question of guardianship. In short, the answer as to which court ultimately does have jurisdiction in this case is "that all depends." The question is addressed in the Uniform Guardianship and Protective Proceedings Jurisdiction Act, which has been adopted in some form by both Colorado and Indiana. I have included a link to the statutory language in both states:

https://law.justia.com/codes/colora...ode/article-14.5/part-2/section-15-14.5-201/; and

2011 Indiana Code :: TITLE 29. PROBATE :: ARTICLE 3.5. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.

This site has a good example question on the issue: Adult Guardianship Jurisdiction - Where to File - Fleming and Curti, PLC.

As to the question of jurisdiction for property, real estate (real property) transactions require in rem jurisdiction. This means that as a general rule, jurisdiction is determined by location of property.

I hope this helps!

Brilliant and thanks for your courtesy.

Do you believe the Code provides for Guardianship for a missing person that cannot be examined?

Emergency, limited Guardianship here?

Seems that it would be Conservator applicable to protect an asset or loss.

 

[AugustWest]

Welcome to WS! and thank you. Interesting the attorneys in my office say jurisdiction is where the Ward resides - they bring an action there and then use the Letters of Guardianship in the state where the real property is when and if it's sold and title needs to be conveyed. We just had this happen involving Florida and New York - but perhaps CO and IN have specific rules. it's all interesting - what are your thoughts on determining incapacity on a person who cannot be examined because they are missing? I'm not finding a precedent so far.
thanks
JMO

There are three states which haven't adopted the UAGPPA (Uniform Adult Guardianship, blah blah): Florida, Kansas and Texas. This may be the reason. This act would qualify Ms. Morphew as an "incapacitated person." The act formulates the definitions of terms used within and when they are applicable. Here is a link for convenience:

https://www.uniformlaws.org/HigherL...b28-3346-1132-d8ec-30de7d1f702e&forceDialog=0

 

[curiousgene]

IMO B

I don;t think CO LE could object to this petition. They have no standing to do so in my opinion (I'm a lawyer but I'm by no means an expert on probate law). But I really don't think they can intervene in a private probate matter in Indiana. Like the Fotis Dulos case, the private civil matter will run in parallel and separately from LE investigation, but you can be sure that LE is closely watching this. The timing is super suspect and I think financial motives and urgency are coming to the fore here, and LE is probably already aware of any of these issue to be frank. MOO of course.

I will look at the Fotis Dulos case but I do have a quick question for you, Do you think the Judge will at least get in touch with the investigating agency for some inputs before deciding on the petition or will it simply go ahead as per the book and grant guardianship, if all other requirements are met, even though the timing and motive are highly suspect? Appreciate your input.

 

[oviedo]

There are three states which haven't adopted the UAGPPA (Uniform Adult Guardianship, blah blah): Florida, Kansas and Texas. This may be the reason. This act would qualify Ms. Morphew as an "incapacitated person." The act formulates the definitions of terms used within and when they are applicable. Here is a link for convenience:

https://www.uniformlaws.org/HigherL...b28-3346-1132-d8ec-30de7d1f702e&forceDialog=0

well now that is very interesting... thank you.
i wonder why more spouses of missing people don't rush to the courts to get control over those assets before their spouse has even been missing 30 days? I don't like this precedent and I hope FL doesn't adopt it.
JMO

 

[Spartygirl]

It could be a million dollar reward offered if the person offering it knew it would never be paid.

Right.. That was what I meant -- LOL
Saying he is "broke" yet offering reward money, knowing full well it will not be paid out.

 

[AugustWest]

To @oviedo and @Seattle1

In answer to your question, I believe the language of the statute is adequate to account for this situation.

As to the question of emergency guardianship, such is normally reserved for medical emergencies, but a colorful argument could be made to deem it such.

 

[oviedo]

Indiana Code Title 29. Probate § 29-3-3-4 | FindLaw
Sec. 4 . (a) If:

(1) a guardian has not been appointed for an incapacitated person or minor;

(2) an emergency exists;

(3) the welfare of the incapacitated person or minor requires immediate action;  and

(4) no other person appears to have authority to act in the circumstances;

the court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days.  No such appointment shall be made except after notice and hearing unless it is alleged and found by the court that immediate and irreparable injury to the person or injury, loss, or damage to the property of the alleged incapacitated person or minor may result before the alleged incapacitated person or minor can be heard in response to the petition.  If a temporary guardian is appointed without advance notice and the alleged incapacitated person or minor files a petition that the guardianship be terminated or the court order modified, the court shall hear and determine the petition at the earliest possible time.

(b) If:

(1) a petition is filed under this section for the appointment of a temporary guardian;  and

(2) each person required to receive notice under IC 29-3-6-1(a) has not:
It has to be filed under the "emergency temporary" statute.
more at link.
-----
Our petitions for ETG actually say Emergency Temporary Guardian in the pleading title - wonder if IN does as well?
JMO

 

[Spartygirl]

It could be a million dollar reward offered if the person offering it knew it would never be paid.

Right.. That was what I meant -- LOL
Saying he is "broke" yet offering reward money, knowing full well it will not be paid out.

 

[Tate123]

If someone donated and changes their mind, can they get their money back?

I'm not sure about that.

 

[carbuff]

We seem to be making an awful lot of assumptions about BM's finances and business dealings based off very little information. Yeah, we can speculate...but this seems a bit like building the proverbial house of cards.

 

[Dave F.]

The order granting permission to sell the Indiana real estate has already been issued. The next hearing in this case is scheduled for September 1, 2020 @ 10:00 am.
Indiana Supreme Court public access case search - MyCase

 

[happyday]

If nothing else, declaring someone (a loved one) incapacitated right after she’s gone missing so you can sell her stuff is tacky tacky tacky. Ugh. OPTICS.

 

[oviedo]

well that answers that - you can establish a guardianship (emergency) in IN for a missing person and get Letters issued.
Indiana Supreme Court public access case search - MyCase

I'm dismayed

 

[oviedo]

well that answers that - you can establish a guardianship (emergency) in IN for a missing person and get Letters issued.
Indiana Supreme Court public access case search - MyCase

I'm dismayed

and it only costs $177
Financial Information
Financial Balances reflected are current representations of transactions processed by the Clerk’s Office. Please note that any balance due does not reflect interest that has accrued – if applicable – since the last payment. For questions/concerns regarding balances shown, please contact the Clerk’s Office.
Morphew, Barry L
Petitioner
Balance Due (as of 06/05/2020)
0.00
Charge Summary
Description Amount Credit Payment
Court Costs and Filing Fees 177.00 0.00 177.00
Transaction Summary
177.00
Date Description Amount
06/03/2020 Transaction Assessment
06/03/2020
Motion Filed
Motion to Waive Hearing
Filed By:
Morphew, Barry L
File Stamp:
06/01/2020
06/03/2020
Motion Filed
Motion to Sell real estate
Filed By:
Morphew, Barry L
File Stamp:
06/01/2020
06/05/2020
Hearing Scheduling Activity
Hearing on Petition to Establish Guardianship scheduled for 09/01/2020 at 10:00 AM.
06/05/2020
Order Issued
Order Approving Sale of Real Estate entered. ew
Judicial Officer:
Casati, Michael A.
Noticed:
Hoeller, Mary Jane
Order Signed:
06/05/2020
06/05/2020
Order Granting Temporary Guardianship
Judge CASATI,MICHAEL
Order Signed:
06/05/2020
06/05/2020
Letters of Guardianship Issued
Temporary Adult Guardianship
File Stamp:
06/05/2020
06/05/2020
Order Issued
Order Setting Videoconference Hearing entered. The Court schedules a hearing to be conducted as a Microsoft Teams Videoconference Hearing on Sept. 1, 2020 at 10:00 a.m. ew
Judicial Officer:
Casati, Michael A.
Noticed:
Hoeller, Mary Jane
Order Signed:
06/05/2020
09/01/2020
Hearing on Petition to Establish Guardianship
Session:
09/01/2020 10:00 AM, Judicial Officer: Casati, Michael A.
Comment:
345-MAC-permanent (by video, 30 minutes)

 

[GordianKnot]

The order granting permission to sell the Indiana real estate has already been issued. The next hearing in this case is scheduled for September 1, 2020 @ 10:00 am.
Indiana Supreme Court public access case search - MyCase

Holy Crud.
Holy Crud.

SFA:
06/05/2020
Order Issued
Order Approving Sale of Real Estate entered. ew
Judicial Officer:
Casati, Michael A.
Noticed:
Hoeller, Mary Jane
Order Signed:
06/05/2020

Poor SM hasn't even been missing a month, and he's already gotten the court to sign off on the sale of "their" property.

He's been a busy little beaver.

Priorities.

JMO.

 

[10ofRods]

I wonder if anyone in SM immediate family has been asked to provide a dna sample to have on file - in the event a unknown body is recovered that could be a match to her? That would be a very tough but much needed request of a family member. IMO

I imagine they found her DNA on a toothbrush or hair brush or both. Or in laundry. They would have needed it early on to rule out stranger DNA in the house (surely they also asked for BM's). The daughters' DNA would line up with the parents' DNA.

 

[Hatfield]

If nothing else, declaring someone (a loved one) incapacitated right after she’s gone missing so you can sell her stuff is tacky tacky tacky. Ugh. OPTICS.

JMO
If LE ends up finding her body and it is proven that she was murdered by someone, then I am thinking this could also be another item to include in the list of circumstantial evidence.

 

[Hoosierfan72]

I did find her on NAMUS

The National Missing and Unidentified Persons System (NamUs)

Glad to see she's been reported there - Looks like it was entered on 5/18. Thanks.

 

[Knox]

The order granting permission to sell the Indiana real estate has already been issued. The next hearing in this case is scheduled for September 1, 2020 @ 10:00 am.
Indiana Supreme Court public access case search - MyCase

Order Issued
Order Approving Sale of Real Estate entered. ew
Judicial Officer:
Casati, Michael A.
Noticed:
Hoeller, Mary Jane
Order Signed:
06/05/2020

So does that mean the sale was approved?

 

[10ofRods]

I need more details. Who is SM? Step mom? Who lives where? Guardianship of whom?

Suzanne Morphew and her husband Barry Morphew held properties (more than one) in Indiana, where they were born and raised. In approximately late 2018, they moved to Colorado and purchased a house there. Their tax bills from Indiana were sent to Colorado.

Suzanne went missing on Mother's Day, while BM was out of town. LE said they did not suspect suicide, animal attack or abduction. They live in a remote area near a river, and Suzanne's bike was found near the river.

3-4 weeks later, Barry wants Guardianship of her so that he can do something. We all suspect it has to do with finances and property, although it's possible that BM's lawyer in Colorado (criminal lawyer) may want access to some of SM's financial records that may not be available to BM.

Suzanne had been unwell, having gone through two different kinds of cancer and recently pronounced recovered. Many of us here think that means the couple would have had durable PoA, but perhaps they did not. At any rate, there are two daughters, one is 16, the other is 20. We are all wondering why a Guardianship/Conservatorship is needed, as well as how it is possible for a spouse to get one when their partner has only been missing for 4 weeks.

It seems that some family member (probably the older daughter) has waived contesting the upcoming Guardianship hearing.

Thank you for coming to the thread, @gitana1 It just seems so strange that someone could gain control of a missing person's finances so quickly and so readily.