Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #46

[Hatfield]

Ive been reading about Guardianships since I had never heard of their use for an adult until this case.

Although this linked article I found was mainly for Guardianships involving elderly people, this part struck me and I think the judge that granted it in this case probably fell right in line with this description:

"guardianship orders are issued by judges, without full information, often interpreting statutes not examined by appellate courts, all without adequate staff to implement safeguards both before and after guardianship is established"

At the bottom in conclusion it lists this part and I believe this applies in this case too:

"The Latin question Quis Custodiet Ipsos Custodies? has been translated to mean Who shall oversee the overseer; Who is guarding the guardian; and Who will watch the watcher?135 Regardless of the question’s ancient origins, its contemporary meaning remains clear: those with responsibilities for others must themselves be responsible. Judges abdicate their responsibilities when they fail to monitor guardians and fail to demand guardianship accountability. Guardianship wards suffer the necessary indignity of state intervention. Judges may ameliorate that indignity by ensuring guardians are appointed only when necessary, impose limitations when possible, and appropriately sanction guardian malfeasance. These actions cannot occur without an improved guardianship system and effective monitoring of guardians."

https://www.leg.state.nv.us/74th/In...hibits/Exhibits/SeniorCitizens/E020508P-2.pdf

 

[nyvictoria]

“He went to write down a description of maybe what she was wearing,” Butala said. “I just thought it was weird because he didn’t explain the color of her eyes were or her hair or anything about her like how tall she was or anything.” “People don’t know the truth”: Suzanne Morphew’s husband breaks silence after three months | FOX21 News Colorado

I haven't seen any mention of a phone number or contact to get ahold of but I can't imagine he didn't say something about contacting the CCSO.

It’s all very strange. At the very least, he could have shown a picture of Suzanne. If he didn’t have flyers, he must have had his phone with him to pull up a Facebook pic.

BTW belated congrats and thanks for moderating us!

 

[ivegotthemic]

Can I ask why IYO, he would want to avoid having an adult daughter involved? When someone avoids straight lines there's a reason?

There could be alot of reasons,

Legal eagles, can a spouse of a missing (incapacitated) mate circumvent a POA (which names a DIFFERENT person as POA) by filing for temporary guardianship in a different state/court?

Might Suzanne have changed her POA? Who would know? How would a court in INDIANA know?

Might GM have been Suzanne's POA, and that's what BM wanted him to sign away, assign back to BM? Or as POA, sign guardianship papers?

Trying to make sense of what happened...

JMO

No, he wouldn't necessarily be able to circumvent POA, at least not for a significant amount of time. If the court discovered a POA existed and he knowingly filed anyways, hed likely be removed by the court. Unfortunately, the only person who knows when estate planning documents have been executed are that person, their attorney, and their witnesses. Its on the individual to ensure the documents stay safe and that someone is aware of their wishes (or at least the existence of documents). The paperwork never gets officially filed anywhere, so theres no way for the court to know the documents exist until someone files a probate claim.

To file guardianship in a state, SM would have to have some sort of tie to that state via financial investments or via it being their home state. A court with no ties to the individual would not have jurisdiction to grant guardianship between two non-citizens of the state if the incapacitated person had no ties to the state.

Hypothetically if POA documents did exist, assuming they didnt name BM, BM would have no authority to reassign rights or guardianship. At the point the only way to change it would be to go through the courts. Every person has the right to assign whomever they want as POA for whatever reason. In general POA documents created in case of onces death, would be considered by the court to be that persons last wishes and they would take that very seriously. Unless there was a compelling reason (the person was not mentally fit or emotionally fit) to remove whomever was listed in the paperwork, I dont think a court would be likely to dismiss a POA. That being said if guardianship paperwork were filed and an attorney knew a POA existed naming someone other then the current guardian, and they knew this had happened, as an officer of the court they would have a duty to inform the court of that information.

Hopefully that make sense, guardianship is kind of a weird beast

 

[crhedBngr]

“He went to write down a description of maybe what she was wearing,” Butala said. “I just thought it was weird because he didn’t explain the color of her eyes were or her hair or anything about her like how tall she was or anything.” “People don’t know the truth”: Suzanne Morphew’s husband breaks silence after three months | FOX21 News Colorado

I haven't seen any mention of a phone number or contact to get ahold of but I can't imagine he didn't say something about contacting the CCSO.

RBBM

THIS^^^^

From Day 1, there has been an astounding lack of information disseminated to the public about SM's physical appearance.

Which is why databases such as NAMUS aren't as helpful as they should be!

JMVHO.

 

[Dave F.]

The Colorado statute on Power of Attorney (including Durable POA) and Guardianship seems quite clear to me:

"15-14-710. Termination of power of attorney or agent's authority. (1) A POWER OF ATTORNEY TERMINATES WHEN

(b) THE PRINCIPAL BECOMES INCAPACITATED, IF THE POWER OF ATTORNEY IS NOT DURABLE; "

I believe @Seattle1 has tried to make this point several times in this discussion.

https://leg.colorado.gov/sites/default/files/images/olls/2009a_sl_106.pdf

 

[Fireflize]

IMO not involving the adult child in a guardianship would prevent that adult child from knowing what was going on - that adult child could object, refuse to sign the waiver of notice and then the Court and the proposed guardian would have to serve the adult child with every petition. In my state, we would call that an adversarial action and then we treat it as we would any regular civil lawsuit and the rules of civil procedure are invoked. In this case, I think he did not want her to know what he planned to do IMO.

Wow. That is an angle that I had not considered. What a great point you make about why he would want to avoid the daughter signing the guardianship!

Maybe what he did with the proceeds was not what Susanne had agreed to and she had been vocal about her expectations on how the money from the Indiana property was to be used.

The daughters may have been privy to her expectations. I've suspected that Susanne expected to be repaid her inheritance amount, and have it set aside for her daughters. I feel so sad for them.
Moo

 

[swedeheart]

Husband of missing Colorado mom Suzanne Morphew gives explosive new interview | Daily Mail Online

The husband of missing Colorado mom Suzanne Morphew says he believes his wife is still alive, but is no longer in the local area.

Barry Morphew, 52, made the claim in a new interview with CBS 4, during which he also hit out at Suzanne's brother, who has implicated him in her disappearance. He also shared previously unseen photos and love notes from Suzanne.

But in his interview with CBS 4, Barry blasted back, alleging that Andy had been a bad brother to Suzanne and had never shown any interest in her prior to her headline-hitting disappearance.

Meanwhile, Barry - who refused to be recorded for his sit-down chat with CBS 4 - provided the news network with love letters penned by his missing wife.

Barry also provided CBS 4 with a photo that showed him and Suzanne on their wedding day.

more at link with pics:

 

[Birmingplumb]

Yes, please. Do tell. (No names, of course).

This comment "may be a lot more to this"....triggered this thought from very old thread/post worth discussing again. A previous post questioned a possible "Denver Hitman" , using "shady" construction connections- . Post was before the meeting with the x con took place Saturday before Mothers Day.... under a job in Broomfield interview excuse - Could the "job" excuse have been created in case they were filmed together . After all ...what job?....what material.... Could that meeting have been for the "payoff" after the deed instead? (Would not be the first time a x con would be the middle man for hiring some hitman he met in jail or found out about while inside.) What better initial excuse for the meeting on Saturday than the Broomfield Job that never was .Add the x con and the usual suspect "volunteering "there was a "smell of bleach in the motel "I don't know why was rented with towels on floor and bed slept in????.. - Could that be to throw the investigation off by looking at the usual suspect on purpose. It worked if so... A diversion for LE instead of "looking for a hitman or a hitman car . -- ...Add..the 4th worker ran... she ran... and he is where?.. motive... dinero of course and possibly new life together $$$$$$$$$IMO Motown

 

[Momofthreeboys]

Legal eagles, can a spouse of a missing (incapacitated) mate circumvent a POA (which names a DIFFERENT person as POA) by filing for temporary guardianship in a different state/court?

Might Suzanne have changed her POA? Who would know? How would a court in INDIANA know?

Might GM have been Suzanne's POA, and that's what BM wanted him to sign away, assign back to BM? Or as POA, sign guardianship papers?

Trying to make sense of what happened...

JMO

I don’t think they had them for each other. That is all he would have needed for the closing. He went to time, trouble and cost to keep that closing in Indiana. I think it is just what it looks like but I am not a big conspiracy theorist lol.

 

[oviedo]

There could be alot of reasons,

No, he wouldn't necessarily be able to circumvent POA, at least not for a significant amount of time. If the court discovered a POA existed and he knowingly filed anyways, hed likely be removed by the court. Unfortunately, the only person who knows when estate planning documents have been executed are that person, their attorney, and their witnesses. Its on the individual to ensure the documents stay safe and that someone is aware of their wishes (or at least the existence of documents). The paperwork never gets officially filed anywhere, so theres no way for the court to know the documents exist until someone files a probate claim.

To file guardianship in a state, SM would have to have some sort of tie to that state via financial investments or via it being their home state. A court with no ties to the individual would not have jurisdiction to grant guardianship between two non-citizens of the state if the incapacitated person had no ties to the state.

Hypothetically if POA documents did exist, assuming they didnt name BM, BM would have no authority to reassign rights or guardianship. At the point the only way to change it would be to go through the courts. Every person has the right to assign whomever they want as POA for whatever reason. In general POA documents created in case of onces death, would be considered by the court to be that persons last wishes and they would take that very seriously. Unless there was a compelling reason (the person was not mentally fit or emotionally fit) to remove whomever was listed in the paperwork, I dont think a court would be likely to dismiss a POA. That being said if guardianship paperwork were filed and an attorney knew a POA existed naming someone other then the current guardian, and they knew this had happened, as an officer of the court they would have a duty to inform the court of that information.

Hopefully that make sense, guardianship is kind of a weird beast

The POA dies with you at death - however, we have seen it used post death when the bank did not know the person had died. You just present the POA to the bank and you are given access. I don't want to confuse our readers regarding the POA/Guardianship relationship because there is not one in my state. The POA is used while you are alive - if you do not have a POA, and become incapacitated, you would need a guardianship and the guardian oversees your affairs. If you have a POA, a guardianship is not necessary in most cases. The problem here? She's missing and IN recognizes that status as incapacitated. But, if he had her POA (or anyone did) they could use that to assist him and he would not have needed a guardianship at all IMO (assuming the POA has the power to transfer/buy/sell property. Make sense?
JMO

 

[Megnut]

There could be alot of reasons,

No, he wouldn't necessarily be able to circumvent POA, at least not for a significant amount of time. If the court discovered a POA existed and he knowingly filed anyways, hed likely be removed by the court. Unfortunately, the only person who knows when estate planning documents have been executed are that person, their attorney, and their witnesses. Its on the individual to ensure the documents stay safe and that someone is aware of their wishes (or at least the existence of documents). The paperwork never gets officially filed anywhere, so theres no way for the court to know the documents exist until someone files a probate claim.

To file guardianship in a state, SM would have to have some sort of tie to that state via financial investments or via it being their home state. A court with no ties to the individual would not have jurisdiction to grant guardianship between two non-citizens of the state if the incapacitated person had no ties to the state.

Hypothetically if POA documents did exist, assuming they didnt name BM, BM would have no authority to reassign rights or guardianship. At the point the only way to change it would be to go through the courts. Every person has the right to assign whomever they want as POA for whatever reason. In general POA documents created in case of onces death, would be considered by the court to be that persons last wishes and they would take that very seriously. Unless there was a compelling reason (the person was not mentally fit or emotionally fit) to remove whomever was listed in the paperwork, I dont think a court would be likely to dismiss a POA. That being said if guardianship paperwork were filed and an attorney knew a POA existed naming someone other then the current guardian, and they knew this had happened, as an officer of the court they would have a duty to inform the court of that information.

Hopefully that make sense, guardianship is kind of a weird beast

Thank you.

In my hypothetical, my assumption is that he would've known someone else, like GM, held POA...

This seems like such a miscarriage of the spirit of guardianship. If a wife had a stroke and was incapacitated, that's one thing, and I'd expect a husband to be the obvious guardian.... but Suzanne isn't incapacitated, she's missing, under suspicious circumstances. In fact, she's the center of an ACTIVE CRIMINAL INVESTIGATION. Methinks critical information was withheld from that Indiana judge.

The person with the worst narrative here is at the center of it.

JMO

 

[Megnut]

Husband of missing Colorado mom Suzanne Morphew gives explosive new interview | Daily Mail Online

The husband of missing Colorado mom Suzanne Morphew says he believes his wife is still alive, but is no longer in the local area.

Barry Morphew, 52, made the claim in a new interview with CBS 4, during which he also hit out at Suzanne's brother, who has implicated him in her disappearance. He also shared previously unseen photos and love notes from Suzanne.

But in his interview with CBS 4, Barry blasted back, alleging that Andy had been a bad brother to Suzanne and had never shown any interest in her prior to her headline-hitting disappearance.

Meanwhile, Barry - who refused to be recorded for his sit-down chat with CBS 4 - provided the news network with love letters penned by his missing wife.

Barry also provided CBS 4 with a photo that showed him and Suzanne on their wedding day.

more at link with pics:

The only thing he forgot to do -- call out Dr. Phil.

Blowhard.

So very reactive.

And now he believes Suzanne went missing from the house? After Cat took her bike for a spin....

He's the one who has a spin for everything.

And now MY HEAD is spinning.

Unbelievable.

JMO

 

[ivegotthemic]

The POA dies with you at death - however, we have seen it used post death when the bank did not know the person had died. You just present the POA to the bank and you are given access. I don't want to confuse our readers regarding the POA/Guardianship relationship because there is not one in my state. The POA is used while you are alive - if you do not have a POA, and become incapacitated, you would need a guardianship and the guardian oversees your affairs. If you have a POA, a guardianship is not necessary in most cases. The problem here? She's missing and IN recognizes that status as incapacitated. But, if he had her POA (or anyone did) they could use that to assist him and he would not have needed a guardianship at all IMO (assuming the POA has the power to transfer/buy/sell property. Make sense?
JMO

I think we may be talking about different things. There are several types of POA and Powers of attorney prepared for estate planning are typically intended to be durable. This means that they remain in effect regardless of the principal's later incapacity. Under the UPAA, a power of attorney is durable unless it expressly provides that it is terminated by the principal's incapacity (Unif. Power of Attorney Act § 104).

A guardianship over an individual's property is similar to a durable power of attorney in that both designate someone to oversee the finances and property of another. A power of attorney allows the principal to appoint an agent and determine the scope of the agent's authority. A guardianship is more restrictive than a power of attorney in that the court determines the guardian and the duties and powers of the guardian. The court also oversees the actions of the guardian and typically requires a regular accounting by the guardian. Because of the court involvement in a guardianship, the process to appoint and maintain a guardianship can be time-consuming and expensive.

A guardianship may be a more desirable option than a power of attorney for someone without a trustworthy and capable individual to name as agent. A guardianship may also be a better option for someone wanting a higher level of scrutiny than is generally required for an agent acting under the authority of a power of attorney.

A principal may nominate, by a durable power of attorney, the guardian of his estate or of his person for consideration by the court if incapacity proceedings for the principal's estate or person are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. In its guardianship order and determination of a person's incapacity, the court shall determine whether and the extent to which the incapacitated person's durable power of attorney remains in effect. The benefit of the POA is that the person gets to decide who they want to control their estate should they become incapacitated and they have a right to say what specifically is under their control. Just having POA alone wouldn't have granted BM access to the financials unless the document specifically granted that power to him in the event of incapacitation

Usually A non-durable power of attorney terminates on the principal's incapacity (Unif. Power of Attorney Act § 110(a)(2)). A primary purpose of creating a power of attorney as part of an estate plan is generally to grant authority to an agent to act if the principal cannot act. Therefore, powers of attorney prepared as part of a client's estate plan are typically created to be durable. When I was discussing POA I was referencing it from an estate planning durable view and I think were the wires got crossed

 

[Megnut]

BM didn't participate in Andy's search because he doesn't think Suzanne's in the area any longer. That might be one of the only TRUE things he's said --

But honestly.

At week two he was already saying, "looks like she's not coming back". What? Because, after one week, there were no takers on his hugenormous reward?

Guess she's long gone so why keep looking?

And if she's looking gone, why did he patrol his property, with his frontier musket? What was he protecting his property from????

I don't know the man but I resent being gaslit.

JMO

 

[Megnut]

About Suzanne crying on BM's shoulder, wondering why her family doesn't love her.

Puhlease

IME when I was married to a CONTROLLER, I had talked by phone to my mom, something I did regularly. It was frustrating, whatever the topic, and after hanging up, I mentioned my TRANSIENT frustration. He got indignant, ACTIVELY AND ACUTELY AND DISPROPORTIONATELY angry, at my mom, as if on my behalf, and declared that, of his love for me, he never wanted me to talk to my mom again, to protect me from such frustration.

NUTS.

1. I can disagree with someone, stay balanced AND maintain a healthy and ongoing relationship!

2. That level of wedging is what leads to isolation.

I can imagine BM being controlling and reactive throughout his marriage, pulling Suzanne into greater and greater (co) dependence.

Tell us really, BM, was Suzanne crying because her family didn't love her or, in truth, was she crying because you didn't support her relationships outside your marriage, systematically isolated her, forcing her to choose you over her family in that she couldn't have BOTH?

IME, in my same marriage, we'd be set with gifts and car loaded, and my ex would declare, "we're not going [to your family Christmas]. I'M your family now."

Insecure people can't handle divided loyalties.

JMO

 

[MissNat]

Regardless of whatever role BM is in at the moment; husband, POA, or Guardian — his duty, responsibility, and official oath as guardian would have me expect that he would always act in the best interest and welfare of his wife first and foremost. I have not seen evidence of that. Therefore all actions and activities lead to a failure of trust. He’s tried to put on a good show. But actions speak louder than words. MOO

 

[oviedo]

I think we may be talking about different things. There are several types of POA and Powers of attorney prepared for estate planning are typically intended to be durable. This means that they remain in effect regardless of the principal's later incapacity. Under the UPAA, a power of attorney is durable unless it expressly provides that it is terminated by the principal's incapacity (Unif. Power of Attorney Act § 104).

A guardianship over an individual's property is similar to a durable power of attorney in that both designate someone to oversee the finances and property of another. A power of attorney allows the principal to appoint an agent and determine the scope of the agent's authority. A guardianship is more restrictive than a power of attorney in that the court determines the guardian and the duties and powers of the guardian. The court also oversees the actions of the guardian and typically requires a regular accounting by the guardian. Because of the court involvement in a guardianship, the process to appoint and maintain a guardianship can be time-consuming and expensive.

A guardianship may be a more desirable option than a power of attorney for someone without a trustworthy and capable individual to name as agent. A guardianship may also be a better option for someone wanting a higher level of scrutiny than is generally required for an agent acting under the authority of a power of attorney.

A principal may nominate, by a durable power of attorney, the guardian of his estate or of his person for consideration by the court if incapacity proceedings for the principal's estate or person are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. In its guardianship order and determination of a person's incapacity, the court shall determine whether and the extent to which the incapacitated person's durable power of attorney remains in effect. The benefit of the POA is that the person gets to decide who they want to control their estate should they become incapacitated and they have a right to say what specifically is under their control. Just having POA alone wouldn't have granted BM access to the financials unless the document specifically granted that power to him in the event of incapacitation

Usually A non-durable power of attorney terminates on the principal's incapacity (Unif. Power of Attorney Act § 110(a)(2)). A primary purpose of creating a power of attorney as part of an estate plan is generally to grant authority to an agent to act if the principal cannot act. Therefore, powers of attorney prepared as part of a client's estate plan are typically created to be durable. When I was discussing POA I was referencing it from an estate planning durable view and I think were the wires got crossed

Our state statutes were overhauled by the bank lobbyists so now our Durable Power of Attorney documents spell out each power and the person chooses which power they will give to their attorney-in-fact. We have a separate document for Pre-Need Guardians to be named. We do not offer a medical or springing power of attorney in my state. We do offer that the DPOA will remain in effect even when the person is missing - so my only point has been that the husband did not have this document that named him as her POA IMO. He sought the Courts help to transact her business since IN recognizes a ward as missing / incapacitated.
As a side note, Having worked with several jurisdictions that oversee guardianships - in my state - the Court doesn't care that much. An annual accounting with no account statements is sufficient. so far.
JMO

 

[swedeheart]

i have a legal-ish question.

can a POI, or a victim, take legal action on a youtube channel that discusses him/her and their specific case at hand? or is youtube considered free speech?

can LE request or insist a youtube channel take down videos if there is a possible upcoming arrest and said videos could hinder the investigation?

youtube true crime is new-ish territory, so i have no idea. anyone know?

jmo.

 

[ChuckMaureen]

Husband of missing Colorado mom Suzanne Morphew gives explosive new interview | Daily Mail Online

This photo reveals a different vibe than most other photos of the couple. Note BM had tilted his head away from SM. Also note his right hand is jammed in to a pocket and I'd bet dollars-to-donuts his left hand also is jammed in a pocket (I see no evidence of his hand positioned around SM's shoulder or waist).

I don't believe this photo is this-year-recent. Maybe it's from one or two years ago? (EXIF data was not included in the photo as sourced from the DM article).

The couple appear to be at a marina, that's a yacht in the background.

 

[Fireflize]

About Suzanne crying on BM's shoulder, wondering why her family doesn't love her.

Puhlease

IME when I was married to a CONTROLLER, I had talked by phone to my mom, something I did regularly. It was frustrating, whatever the topic, and after hanging up, I mentioned my TRANSIENT frustration. He got indignant, ACTIVELY AND ACUTELY AND DISPROPORTIONATELY angry, at my mom, as if on my behalf, and declared that, of his love for me, he never wanted me to talk to my mom again, to protect me from such frustration.

NUTS.

1. I can disagree with someone, stay balanced AND maintain a healthy and ongoing relationship!

2. That level of wedging is what leads to isolation.

I can imagine BM being controlling and reactive throughout his marriage, pulling Suzanne into greater and greater (co) dependence.

Tell us really, BM, was Suzanne crying because her family didn't love her or, in truth, was she crying because you didn't support her relationships outside your marriage, systematically isolated her, forcing her to choose you over her family in that she couldn't have BOTH?

IME, in my same marriage, we'd be set with gifts and car loaded, and my ex would declare, "we're not going [to your family Christmas]. I'M your family now."

Insecure people can't handle divided loyalties.

JMO

ITA. If she was crying because her family didn't love her, it was because BM hammered that into her head IMO!
Just when I think I can't be any more disgusted, he opens his mouth again.
Moo