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

Status
Not open for further replies.

oviedo

Well-Known Member
Joined
Dec 1, 2008
Messages
17,435
Reaction score
165,418
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

Well-Known Member
Joined
Oct 30, 2009
Messages
27,992
Reaction score
57,127
Website
www.colealicem.com
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

Well-Known Member
Joined
Jan 1, 2015
Messages
3,302
Reaction score
5,968
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

Well-Known Member
Joined
Oct 30, 2009
Messages
27,992
Reaction score
57,127
Website
www.colealicem.com
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

Well-Known Member
Joined
May 17, 2009
Messages
24,223
Reaction score
136,140
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

Well-Known Member
Joined
Dec 1, 2008
Messages
17,435
Reaction score
165,418
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
 

GordianKnot

Former Member
Joined
Nov 3, 2018
Messages
5,780
Reaction score
119,672
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.
 
Last edited:

Seattle1

#LiveLikeLizzy
Joined
Feb 25, 2013
Messages
27,256
Reaction score
299,186
@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.
 

trujac

Well-Known Member
Joined
Dec 19, 2010
Messages
604
Reaction score
4,661
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.
 

KLM6

Well-Known Member
Joined
Aug 15, 2018
Messages
564
Reaction score
6,842
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".
 

oviedo

Well-Known Member
Joined
Dec 1, 2008
Messages
17,435
Reaction score
165,418
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
 
Status
Not open for further replies.
Top